SocialistAction 1983–88

The paper of the Socialist League, formerly the International Marxist Group, 1983–88

Judges-tried and tested

· Socialist Action No. 60, 1 June 1984 · p. 3 of the scan · 665 words

The scan: 060-jun-01-1984-SA-UK.pdf (PDF, Marxists Internet Archive, opens at this page)

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page 3 of the scan

that matter any But that In no way means that it should not arouse our contempt and with system of justice that is based on maintaining the status quo and which is used against working peoples' right to organise. decision follows the judgements against the NGA; the Kent NUM whose members were threatened with arrest for driving along public highway. countless pickets whose bail conditions have been set by magistrates in such a wav that they constitute 'house arrest But Sir Robert Megarry not just reflecting the climate of opinion constructed by the Thatcher government and encouraged by the media. He was acting in a manner with the judiciary since its Of course Sir Robert does not ring up Thatcher and ask for her instructions but like all the rest of his kind who sit on the bench he is a political The High aboulice Court and circuit judges recorders even the stipendary and lay magis. rates are appointed by. er on he actice. on the Lord Chancellor who member of the cabinet.

Lord Chancellors who notoriously conservative people inevitably dius with the senior when the most important judges postions are thil ed. In the free masonary of the legal world these apnod of assent it he can- pointments only didate is considered safe and reliable • ie does not suffer from liberal inclinaholl In the years from 1832 to 1906 50 per cent of the judicial appointments went to barristers who had miner. been MPs in the ruling People new job was obviously the thought behind those appointments.

Later there came

shift from direct political nominees to so-called unbiased professionals. Lord Hailsham let : the cat! out ot the bag about thi independence when he argued judges like everybody else fluenced by the economic climate If they were not, they would be considered either revolulonary or reactionary, they would become political judges.' According to Hailsham then the judge stands in the middle neither to the left nor too far right — but the middle is influenced by what is established and how best detend it. so a nonjudge by Hailsham's reasoning one who stands for the present system.

The make up of the judiciary ensures the con. tinuity of man and system. Some tour five judges come public schools and Oxford Cambridge. Hardly A RALLY of two and a without exception they are middle or upper males and generally elderover a long period or hee They only there process described by EP Thompsor who says: 'They go through a cater pillar stage before lawyers. Then they pupate for a while in silk. finally they blow in mine This makes sure that in the end the right man comes out and it explains why no English judge has ever beer removed Megarry like the rest of the High court ludges is une tried and tested represen'British establishment apand its properly win this strike and in the long term I LO defend our basic rights, Megarry his courts have to be challenged.

In the shameful words of the Guardian that discredited voice 'liberalism', he gave decision which meant the 'Miners win the right work. ' Yes he did. But the who work are the vics FOU! millior unemployed 20.000 miners threatened with the loss of their jobs apparently don't have any rights, either to work or even to control their own union.

The labour movement must say no to the conspiracy of the judges and • obediant echoes in Fleet St must maKt clear that it rejects any law and judgement jures the interests of the working class.

----- pull-quotes -----

THE High Court decision of vice chancellor Sir Robert Megarray that the NUM must not instruct its Nottinghamshire members to come out on strike should come as no surprise to any socialists, or for

who had done ihe job wel be perform well in thett to perform well

Notts leaders wrong to order members to strike Miners win the right to work

← Not just mining women!No miners in jail! →

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