Problems in the Administration of Justice

Abstract

Until very recently concern over the administration of justice was not strongly marked in the community. Those concerned with the law at close quarters knew that it was a conservative profession, that the procedure of relying on an overworked Lord Chancellor and an understaffed Law Revision Committee for the production of reforms was unsatisfactory, and that the political parties were unlikely to be attracted to making legal reforms of little general interest to the electorate. Amongst the general public there was some concern over the high cost of civil law procedure, but on the more fundamental matter of the rights of a citizen when facing charges which might lead to the loss of his liberty or life there was a feeling, perhaps a little smug, that English justice was a model for the world. The better-informed members of the public, however, were becoming conscious of the risk of some loss in independence of the Judiciary in face of the expanding authority of the Executive. In theory the Judiciary is subservient to Parliament and, hence, in modern times to the Executive; in practice the Judiciary has for long been characterised by an impartiality which is the main reason for the high respect in which it is held.

Recent uneasiness over the administration of justice. An outline of criminal court procedure gives some insight into the principles of justice. Difficulties in dealing with semi-political offences. The importance of the idea of the accountability of the Government to the people. The dangers of the constitutional dependence of the Judiciary on the Executive. Suggested reforms need to be judged from the standpoint of basic principles.

theme: The working of the British judicial system is soundly based, but its present virtual independence of the Executive should not be taken for granted.