Calls for overhaul of state powers
Laws governing the judiciary, human rights and the constitution must change, according to an independent human rights and reform body.
In its consultation paper, Justice argues for a fundamental redress of the balance of power between the judiciary, legislature and the executive.
It believes the Blair administration wields power over parliament to an “unhealthy extent”, and the government should cede some power to parliament.
The human rights body highlights the apparent differences of interpretation of the Human Rights Act between ministers and judges, and suggests the law should work to improve, not “impede”, decision-making.
Justice calls on ministers in particular to accept “the structure and values” of human rights and work “within, not against, it”.
With global terrorism foregrounding the complex balancing act between civil liberties protecting the public, Justice calls for a rethink of the Criminal Justice Act 2003, which judges are perceived as being pressured to override defence rights on issues pertaining to double jeopardy, bad character and jury trial.
And with the Blair administration wielding power over parliament to an “unhealthy extent”, the organisation suggests this leads to poor laws which invite “judicial challenge”.
“The executive needs to cede power to the legislature”, Justice says.
Roger Smith, Justice’s director, said relations between judges and ministers appeared to hitting an “all-time low”.
“The government needs to complete its agenda of constitutional reform. Parliament needs more power properly to scrutinise legislation. The role of the judiciary needs better understanding. A number of constitutional rules need to change,” he said.
Justice is the British section of the International Commission of Jurists (ICJ).
