3. Rule of law
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andy_foster

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Rule of law
« on: October 30, 2023, 04:29:57 pm »
Slightly facetious question (as is the use of the word "slightly") - what is "the rule of law"?

Is it -

(a) a fundamental principle of a free and open democracy which provides that the state as well as the plebs citizens are bound by the law, that the state is not entitled to punish citizens arbitrarily, without explicit legal powers, and that ambiguities in legislation creating offences and authorising enforcement must both be read in favour of the accused,

(b) a fairy tale intended solely to placate the plebs citizens while the establishment continue to do what they like (nominally in the name of the citizens),

(c) the second funniest private joke within the legal profession, after the prosecutor's legal duty not to seek conviction at all costs, but to act fairly as a minister of justice,

(d) Respect my authoritah!, or

(e) Nice tin foil hat?
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Southpaw82

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Re: Rule of law
« Reply #1 on: October 30, 2023, 08:28:57 pm »
In my experience, (a). YMMV.
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DancingDad

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Re: Rule of law
« Reply #2 on: October 31, 2023, 10:45:26 am »
One wants to believe in (a)
But often feels that (b) and (c) applies
And that Justice, not the system but the concept is akin to Santa Clause and the Tooth Fairy
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Hroogar

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Re: Rule of law
« Reply #3 on: December 27, 2024, 06:58:55 pm »
(a) but feels like (c) in my world.

Legal system is fine if you’re broke and get legal aid or mega-rich although having said that the judge I had (in my brother’s NMO case against me designed to run me out of money so I couldn’t challenge him, and one other, changing Mum’s Will) was brilliant.

I just wish that I had run the **** to the two day hearing which was set and maybe the judge would have likely had him for contempt of court as my evidence proved points of his NMO to be a pack of lies. And they were deliberate lies.

Unfortunately, his barrister persuaded me that my brother didn’t want to take it further as she had obviously read his statement and realised he was a f*****g outright liar.

In certain respects the judicial system is broken because you cannot find out what you are fighting. My brother likely had legal aid and it was a bottomless pit but I simply couldn’t find out if he was on it.

That, in my eyes, made for an unlevel playing field. Fighting someone who is a lair and abusing the legal system.

I should have not relented and had those two days in court.
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roythebus

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Re: Rule of law
« Reply #4 on: December 29, 2024, 11:04:12 am »
I had a county court case about 3 years ago. The judge was most rude to me and had decided the outcome of the case before I even set foot in the room. He was very intimidating and frightening. Maybe I should have made a complaint against him for his rudeness. My opponent was claiming to be a private individual when it came to me supplying him with something, it turned out he was a trader and different rules applied to online selling. A nasty experience.
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cp8759

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Re: Rule of law
« Reply #5 on: January 02, 2025, 11:38:35 pm »
A mix of all four, depends very much who you get.
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I practice law in the Traffic Penalty Tribunal, London Tribunals, the First-tier tribunal for Scotland, and the Traffic Penalty Tribunal for Northern Ireland, but I am not a solicitor nor a barrister. Notwithstanding this, I voluntarily apply the cab rank rule. I am a member of the Society of Professional McKenzie Friends, my membership number is FM193.

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BertB

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Re: Rule of law
« Reply #6 on: January 06, 2025, 12:25:35 pm »
In general, A.

On forums, D.
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  3. Rule of law