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I think that is my point. The absence of a clear constitution or even statute law creates a vacuum which can be filled by precedent, convention, or just "Gentlemen's agreements" but which could also be filled by activist judges through case law. However Judges, and particularly senior judges, are selected on the basis that they are paragons of the establishment whose job it is to make sure no boat is rocked... They ARE the establishment.

Hence also the hostility towards the European Charter of Fundamental Rights - an excellent document which could put limits on the establishment's pursuit of its own self interest. Progress on human rights in the UK has generally only happened when public unrest and civil strife have put the establishment at risk, and some concessions had to be made to the rubes to keep the pitch forks at bay.

Index of Frank's Diaries

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Fri Aug 30th, 2019 at 10:40:48 AM EST
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