The Law

When the Rule of Law Becomes the Rule of Lawyers

In simpler times, at least in the leading democracies, it was the government that ran the country, the parliament that made the laws, and the courts that decided what was illegal. In Westminster systems, the executive was formed in the legislature and generally controlled it. And the executive has normally nominated judges and often determined whether they’re appointed. Because each arm of governance generally respected the prerogatives of the other, the system more-or-less worked: governments got things done; legislators co-operated with each other “across the aisle”; the civil service was responsive to the government of the day; and courts didn’t…

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