I must interrupt the marketing of my software innovations once again, for Wood Green Crown Court and its professionals need to be reminded of page 688 of Administrative Law (Oxford) on Discretion, Exhaustion, Implied Exclusion:
There are grave objections to giving the courts discretion to decide whether governmental action is lawful or unlawful: the citizen is entitled to resist unlawful action as a matter of right, and to live under the rule of law, not the rule of discretion.
“To remit the maintenance of constitutional right to the region of judicial discretion is to shift the foundations of freedom from rock to sand.”
The true scope for discretion is in the law of remedies, where it operates within narrow and recognised limits and is far lass objectionable. If the courts were to undermine the principle of ultra vires by making it discretionary, no victim of an excess or abuse of power could be sure that the law would protect him.
The Rule of Law says:
- In a Crown Court members of the public can take notes.
- Criminal proceedings can be publicly reported.
However, in the Musa case, names must not be mentioned.
Here is a letter of apology from a Crown Court Manager for not having allowed taking notes! Ironically, this “incorrect procedure” of not allowing a member of the public to take notes occurred in the case of Regina v Scriven, when Mr Scriven “scandalised the court” – for exactly the same reason as Peter Hain MP and his barrister did:
The fair criticism of judges and judicial decisions is not only quite clearly a right; there are also occasions when there may be a duty to do it.
The only circumstance could be “improper purpose”.
Well, in the Musa case, our “improper purpose” or public interest is: not to conceal criminal acts!
May the judge also want to act in the interests of public confidence and NOT conceal criminal acts!
Meanwhile: these publications appeared in the US:
- England’s Devastated Family – with devastating comments
- Calling All Media Professionals interested in Fair Trials
- Adoption – Gloria and Chiwar Musa may lose six children to UK Social Services
- Adoption Case – Nigeria Embassy disowns parents as case commences in court
- Abolish the Ban on Recording Court Proceedings – our online petition
- Scandalising a Judge or “it is vital that public confidence in the judiciary is protected” (victims-unite.net)
- Judiciary Guilty of Criminal Acts – John Hemming MP opens Demo at Royal Courts of Justice (mckenzies4fairness.wordpress.com)
- Civil disobedience and the Rule of Law (newstatesman.com)
- The less and less Credible Rule of Law and the Cruel Power of Law Enforcement (mauricejohnkirk.wordpress.com)
- ‘Global law’ and governmentality (2012) (foucaultnews.wordpress.com)
- The Musas in Appeal Court – during Demo outside – with John Hemming MP (gloriamusa.wordpress.com)
- The rule of law and the internet(1) (vanguardngr.com)