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principles attached f rom the Magna Carta which is the
requirement for property due to safeguard as it’s the answer to
justice.
The closing words of Chapter 29 of the Magna Carta
embody an individual’s right to access to justice before the
incorruptible decision maker will be judged according to the law,
not according to the size of the bribe or the particular threat.
And, then, 1234, the Great Council decided the case against
the King who had admitted he dispossessed an individual, one of
his subjects, over land without lawful judgment to this peers or by
the law of the land; the court ordered the King return the land to
him. So, it shows, I think, the huge importance, if it needed
demonstrating, the strong and independent courts remain as an
element or a part of our legal system 800 years later.
What I do not think I have heard so far today is the
importance of an independent legal profession. In the UK,
someone accused of a crime has the right to be represented by an
independent advocate as of a duty to justice, and not just to his or
her client and advocated his trained regulated abound by
professional code of ethics. Are prosecutors independent of
government as are our regulators of the legal professions and, of
course, judges? Is this the guarantor, we would say, of the
fundamental rights to have an independent court adjudicate on
the issues before it?
In this context, it is the courts themselves to say their role is
to enforce the will of parliament and its legislation the parliament
sets down, not the governments, not the particular will of the
government to the day or how the government perceives law
enforces that better that legislation but how the court says
parliament intended to have it enforced.
They are frustrating to the government, but they are not
there simply to irritate it. And nor what I say it is altruistic to the
population at large, but, I think, how genuinely utilitarian
purposes behind this approach, which serve our own interest
collectively. Just take some practical example of criminal matters.
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