A question of law

If all those who seek to maintain power, also seek to maintain a delusion:is the law therefore a delusion?

Interesting thought but, firstly, I would say that the hypothetical premise could barely be thought of as possible (the law makers are generally democratically elected and cannot therefore maintain power for long intervals).
But the theme of delusion has the greatest flaw: even if there were a tyrannical, all-powerful despot, their iron grip would be too evident to be delusory. The law is only law if people knowingly abide by it (there is thus again no delusion).
The only case they could be deluded is under some unfathomable circumstance (too unfathomable for me to give an example).

Reply 2

mobbdeeprob

Lucid87

Interesting thought but, firstly, I would say that the hypothetical premise could barely be thought of as possible (the law makers are generally democratically elected and cannot therefore maintain power for long intervals).

There's very little that is democratic concerning the selection of the Law Lords in this country.

Reply 3

Lucid87

Yes, you're right- there is nothing democratic about the law lords. But it is the legislature (primariliy the House of Commons) in the UK which makes the law- now i think about it, it's probably the Council of Ministers/European Commission which makes most of the law and you would be right, that is undemocratic.
But that is unnecessary additional confusion! For the purpose of my statement, let us assume i refer to the democratically elected legislatures of most of the Western world.

Reply 4

jcw

Lucid87

Yes, you're right- there is nothing democratic about the law lords.

And surely there shouldn't be? That would be entirely contrary to the separation of powers. In the end, the legislature can pass law changing the result of a judicial decision (as they have done, eg over compensation payments following the war) so retain ultimate authority. Independent judges are necessary to carry into effect the will of an elected legislature. That is, an undemocratic judiciary is necessary to have a democractic society. The recent constitutional reforms are intended to further this independence.

But it is the legislature (primariliy the House of Commons) in the UK which makes the law- now i think about it, it's probably the Council of Ministers/European Commission which makes most of the law and you would be right, that is undemocratic.

Except that the EC passes law through a dual-democratic system, whereby the Council is made up of members elected to the governments of member states and most law is passed with the European Parliament which is directly elected by citizens of the member states. Undemocratic isn't a fair criticism of the EC, more of the procedures to hold accountable ministers in individual member states.

Reply 5

deary65

OP

guantanamo bay: none combatants, none military personal, on trial by military tribunal. American juristprudence.

A question of law

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