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Justice.
national |
crime and justice |
opinion/analysis
Wednesday August 15, 2012 16:03 by Gale Vogel - Birds Eye View
Ongoing, challenging and confrontational development of justice faces many obstacles. The development of Law faces few. Who are the beneficiaries of decisions made by our leaders? Justice and the see-saw principle. |
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Comments (2 of 2)
Jump To Comment: 1 2It is so easy for a new State to create bureaucracy, it part of its formation. Bureaucracy is like a wild bush that must be pruned so that the roses are given a better chance to bloom.
Ireland is a young Republic not yet 100 years. We have just 4 years to 'revolutionise' it back into gear as a progressive model for conflict resolution and renewed economic growth. We as a nation neglect, I feel, the significance of the Good Friday Agreement.
There is a saying when the going gets tough, the tough get going. The time is upon us. Anglo Irish bank created a monster in the financial markets and now it rests with our fraud squad to activate charges and where people are found to have acted in a criminal way, to bring them to justice and re-adjust our Scales of Justice with such an intervention. It is not so long ago that the CAB was established to tackle crime in response to need.
Then there is social justice. We so often forget what can be done to empower rather than cause deviance with those who are vulnerable. Our prisons are archaic but worse there is an absence of humanity and vision that can be identified in countries such as Norway and New Zealand. Too often people are vulnerable to disease. We have forgotten about MRSA and this doesn't mean it has gone away.
Your point about responding too easily with legislation. I agree. I often think there can be a vanity attached to creating too many laws during a term in office. Again this is a balance that must be achieved.
Constitutionally there is an onus for those in power to protect the 'common good'.
“Article 6
1. All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.”
The Constitution of Ireland.
“Article 15
4. 1° The Oireachtas shall not enact any law which is in any respect repugnant to this Constitution or any provision thereof.
2° Every law enacted by the Oireachtas which is in any respect repugnant to this Constitution or to any provision thereof, shall, but to the extent only of such repugnancy, be invalid.”
The Constitution of Ireland.
While it is true that the pruning of legislation is required in order to achieve balance, it should not be at the expense of the 'common good'. Those laws or institutions removed should only be so done where there is real benefit and improvement. The undertaking by our esteemed leaders to 'bail out the banks' thereby committing vast amounts of OUR revenue to private speculators is clearly 'repugnant to this Constitution' and should therefore be held invalid. This promise which reverberates throughout Europe is clearly a violation to the common good of all citizens of Ireland and Europe. The social justice implications of this decision is only taking hold, as can be witnessed by the suffering of many of the people of Ireland.
Removing the Government of Ireland Act 1920 and establishing the Good Friday Agreement is and has been a major move forward with regard to redressing the balance of justice throughout both Britain and Ireland. The removal of archaic and outdated remits in favour of the people and affording the decision to those primarily concerned is an expression of faith in those people. The implications with regard to justice and violence is profound, with the now agreed upon treatment and obvious cooperation between sovereign states. There has been a long and historic less obvious cooperation between these states. Our and our leaders faith in the people should be maintained, listened to and acted on.
The 'common good' includes as so correctly stated, those vulnerable in society. Examine the European Committee for the Prevention of Torture and in particular their comments on Ireland's Central Mental Hospital. http://www.cpt.coe.int/documents/irl/2011-03-inf-eng.pdf Thornton Hall? What action has been taken on the Central Mental Hospital? Where have the boom time coffers been sent?
Minor legislative concerns like motoring and building regulations are mentioned in part due to their implications. The absence of controls is indicative of an absence of both will and funds to provide facilities and personnel. The introduction of measures to complicate regulation that remains uncontrolled will have no effect. The lack of controls in these obvious though apparently minor regulations is indicative too of an absence of controls throughout Ireland's legal system. This through the Celtic Tiger years has permitted the abuses that have resulted in our current impasse. The need to regulate is obvious, though this includes both laws and their controls.