A hymn to the rule of law

Baroness Deech

Yesterday was one of the most remarkable days I have spent in the Lords.  I was in Westminster Hall to hear President Obama, and straight afterwards went to the memorial service in Westminster Abbey for Lord Bingham, one of our greatest judges. He was Master of the Rolls, Lord Chief Justice and senior Law Lord.  The uniting theme was the Rule of Law.  Obama was an inspiration, worth the wait, as we sat for two hours pending his arrival.  The band of the Welsh Guards played jolly Gilbert and Sullivan; and as the President arrived the state trumpeters in tabards entered and took up their places by the large south window, just as if nine centuries had not passed.  President Obama pointed out that it was in Westminster Hall (built 1099), right where he was standing, that the rule of law was established.  For it was in Westminster Hall that the kings held court, that the judges dispensed justice and famous trials took place.  He quoted Churchill on how Magna Carta, habeas corpus, trial by jury and the English Common Law found their most famous expression in the American Declaration of Independence.  It is the rule of law that unites the UK and the USA.  (Before all you bloggers write in to complain about the US system of justice, ask yourselves where you would rather stand trial – Iran? or where you would feel your human rights better respected.)  Although both nations fail to live up to the ideal, we have a shared belief in human rights, in citizens’ rights and freedom for all, and there is no gainsaying it.  His speech held prime ministers past and present, both Speakers and an audience of 1500 spellbound and moved.  When he had finished, he moved through the Hall shaking hands.  Elderly peers climbed on their seats to get a better view and stretched out their hands to be touched as if Obama were magic.  Which he is. Perhaps the most remarkable section of his speech was where he reminded us that his grandfather had been a Kenyan cook in the British army, but that he, Obama, had been able to rise to his present position, and stood in Westminster Hall as a sign that those from deprived or immigrant backgrounds can indeed make it to the top in states that observe the rule of law.  I testify to that as well.

Thence to the memorial service for Lord Bingham, whose last act was to write a book The Rule of Law.  He is agreed to have been the preeminent modern judicial exponent of human rights and standards of justice. He described the rule of law as “one of the world’s great unifying factors, perhaps the greatest . . . an ideal worth striving for, in the interests of good government and peace, at home and in the world at large”.  The former Lord Chancellor, Lord Irvine, read out in Bingham’s memory the 16 resolutions for judges composed by Sir Matthew Hale (Chief Justice 1671-76) including: “That popular or court applause or distaste, have no influence into any thing I do in point of distribution of justice. Not to be solicitous what men will say or think, so long as I keep myself exactly according to the rule of justice”. The greatest men of the churches jostled in the Quire to say a prayer for Bingham.  And at the end a brass band played “When the Saints Come Marching In”.  I am not a practising lawyer but I studied it, and taught it, and felt proud to be associated with the common law of the US and the UK yesterday.  Good reason to protect the independence of our judiciary and legal profession, and access to justice through legal aid.

28 comments for “A hymn to the rule of law

  1. maude elwes
    27/05/2011 at 11:41 am

    So he dazzled you all with his fancy footwork and introduced you to the American version of a ‘drive by ho slap’….

    You do realise that they go home and laugh at the us ‘little people’ who are so easily taken in by celebrity. What did he promise, more of the same, that’s for sure.

    This guy is no different from Bush, except he’s articulate and knows how to deliver a snow job. His policies are akin to Bush, war, war and more war. Guantanamo stays in full swing, and a continuation of dire poverty in America. This is what you applaud. Or, was there something else there that we public can’t see?

    The fact that he praised us for a diminished country with backward attitudes is a revelation. Clearly he enjoys having no competition. As well as a fanfare.

    And you all got suckered into giving him an ovation, which he feels will help get him re-elected in 2012. Some hopes he has of that if he doesn’t make serious moves on the economy at home.

    Make no mistake, there is no political kudos, in this country, for Cameron embracing the USA. And if he believes so, then he is totally out of touch.

    The people of this country do not aspire to the American lifestyle. How could they?

    • dora
      08/06/2011 at 11:17 am

      I like president Obama he is ready to tackle issues that is overlooked here because it wont make you popular, like human rights even if they are immigrants,you see mam, I have fighting a 2year battle to get my son name cleared of a criminal charge because he is an immigrant, the free service he gets give us stress and the real criminal is out there to commit more,all the police is doing is bumping up figures to make themselves look good they lied in court,evidence went missing to support my son case and our poor barrister from legal aid was afraid to get to bottom of the problem, how can you attack the president when your legal system dont work for the ordinary man, we have to go to the loan sharks to get justice, thank you

  2. Gareth Howell
    27/05/2011 at 6:17 pm

    Elderly peers climbed on their seats to get a better view and stretched out their hands to be touched as if Obama were magic. Which he is.

    I may say that I am such a fan of BO, and knowing his presence in Westminster Hall yesterday I was quite confused all day,in that knowledge, and not being there.

    Not all US presidents get,or want, such a rapturous welcome, or even know of the importance of Westminster Hall, and the rule of Law. BO does not need it, but enjoyed it nonetheless.

    With regard to the noble baroness testifying
    to it as well, I am sure that everyone who shared a similar schooling to herself, even those who read this blog, will be pleased to know that she does, even, by comparison with a US president, her humble ladyship!

    Times have changed so much in this Global community, that the Baroness-on-leave Baroness Ashton and even the Lord Neil Kinnock can rightfully claim a proud career
    of more nearly similar stature to the President of the USA.

    I am still glad to hear the noble Baroness
    Deech, say what she does.

    • danfilson
      28/05/2011 at 10:58 am

      “…can rightfully claim a proud career
      of more nearly similar stature…” If only!

      • Twm O'r Nant
        28/05/2011 at 8:17 pm

        There are about 20 UK politicians who have served as European commissioners and the like,
        Henry Plumb, Geoffrey Howe, Leon Brittan, and the list goes on.

        I am quite certain that the noble baroness does not object to my reminding her of her humble status by comparison with the high offices of the European Union, and they ARE comparable with the high offices of the United States of America.

        Maude’s comments above are relevant in the context of a comparison between a single nation state of the EU, the UK, populous at it is, and the might of the USA. There is no such disrespect taken at the right level!

        Neil Kinnock served the EU for a long time, and Baroness Ashton, though with drastic problems at the moment, will emerge unscathed.

        • Lord Norton
          Lord Norton
          30/05/2011 at 12:19 pm

          Twm O’r Nant: Henry Plumb and Geoffrey Howe have never served as European Commissioners.

          • danfilson
            30/05/2011 at 12:51 pm

            But an EU Commissioner, with all respect, bears no comparison to the importance of the Presidency of the United States.

          • Gareth Howell
            31/05/2011 at 9:19 am

            Not as commissioners but in high office of some sort.

            They come under my remark
            (Commissioners) “And the like”.

            They are the “and the like”. I wish there were a few emoticons on this blog board. You gorra laugh some times!

        • maude elwes
          02/06/2011 at 2:30 pm

          @Twn O’r Nant:

          It is not possible for Baroness Ashton to emerge unscathed. The woman is unfit for the post. Unelected. She should never have been selected for such a position in the first place. It was an insult to the UK public and to the rest of the candidates. In fact, it was considered in Europe to have been a fix for T Blair to have under cover power as she is said to be the wife of his good friend, Peter Kellner. So a fix and a sham is afloat. To our ridicule, as it made this country a laughing stock, she had no qualification for such a post, she spoke no foreign language and still has not mastered French, a prerequisite for Europe. Her claim to fame was as head of CND. What a joke.

          Her record there since is shameful. How this is allowed to continue is a enigma and should be addressed before she ends up really doing the UK down in Europe, where she is despised and resented.

          http://www.telegraph.co.uk/news/worldnews/europe/eu/8492803/Baroness-Ashton-attacked-by-Belgium.html

          http://britanniaradio.blogspot.com/2011/05/baroness-ashton-puts-europe-and-britain.html

          http://en.wikipedia.org/wiki/Catherine_Ashton

          Why on earth do we not have a woman in our Parliament who is the equivalent of Christine Legarde? Not once has she compromised her femininity for her position and she is an example of womanhood that all girls and young women should be introduced to. What a difference to the sour hard faces we put forward as inspiration to the world of womanhood and modernity. No wonder the response is tame.

          http://www.youtube.com/watch?v=UtaGbZt2ASk

          http://www.youtube.com/watch?v=uG-wO5ScCFU

          • Gareth Howell
            05/06/2011 at 2:29 pm

            I agree largely with what maudeelwes says about
            the personalities, but Kellner is scarcely a “friend” of Blair. Kellner is a rabble rousing journalist, who successfuly did his best to promote his wife’s parliamentary career. Whatever Baroness-on-leave Ashton is, she has not shirked hard work, over the years. Nor is she doing so now.

            ——————-

            The imprisonment of four members of parliament over the past year or so, for fraudulent claims for expenses, which would never have come to light but for the re-arrangement of the relationship of the Law lords to parliament reminds me rather of the new sodomy laws.

            Sodomy is legal between consenting adults, and some unthinking people imagine therefore that it is fun to do, not realizing that it is an endeavour by law makers to encourage the wisdom of individuals to decide for themselves that it is a very unwise thing to do.

            Similarly had these MPs also made their own judgements about what should be done and what could be done with parliamentary expenses, they would certainly not have done it.

            Sodomy is very damaging indeed to the human anatomy, legal or illegal.

  3. danfilson
    27/05/2011 at 7:20 pm

    Did I not read on another thread (on privacy law) that someone should have a word with Justice Eady? That seemed to be a well-meaning attempt to suborn a judge contrary to this “That popular or court applause or distaste, have no influence into any thing I do in point of distribution of justice. Not to be solicitous what men will say or think, so long as I keep myself exactly according to the rule of justice”

    But all with the best possible motives, of course!

    I too am an admirer of the common law of this realm, but there is a feeling abroad (by which I do not mean overseas) that judge-made law has reached, if not exceeded, its limits. I see the benefits of the US Constitution (not necessarily the contents) combined with a Supreme Court that rules on the major issues involved in its interpretation.

    I do understand the Obama magic, on display here with all its charm.

    Incidentally, I also recently watched a speech, apparently ex tempore though she may have used idiot screens, made by Mrs Obama to an audience of West Point cadets and staff, and their families. She spoke with amazing clarity and warmth, and I would be hard pushed to think of any spouse of a British head of state or prime minister in the last century or more who could have spoken thus. Normally I disapprove of the whole concept of a First Lady as a kind of Deputy President (not least as the time will come when the spouse of the President will be male, and imagine the rumblings then when the ‘Deputy President’ starts voicing opinions), but on this occasion I metaphorically stood (in my armchair) in awe.

  4. Senex
    27/05/2011 at 8:57 pm

    I thought President Cookson’s inaugural speech went down well! You would have thought that the Lord Great Chamberlain would have left his pool cue at the table. No wonder the President was late; the money was on the man who always pays his bar tab.

  5. MilesJSD
    milesjsd
    27/05/2011 at 11:37 pm

    Why has my appreciative and thoughtful comment been removed, please ?

    2337 2705 JSDM

    • MilesJSD
      milesjsd
      28/05/2011 at 4:30 pm

      No response ?

      Here it is again, then, slightly improved I hope:

      The Predicaments* remain, getting insidiously worse, however;
      (whilst London splashes-out on expensive Governmental-&-Privilegocratic Self-Praisings)

      but whatever the new-and-longstanding Earth-Emergency-Rationing-Rationale is going to be, I feel sure that such well-prepared History and surviving-good-and-honest-talk-and-demonstration, as is being presented around Britain these current few days, must be made affordable, for both The People’s morale and their Earth-citizenship-integration.

      Are peaceful revolutionaries, and cost-conscious watchdogs as well-prepared ?

      And will the BBC be as prepared – and lead our progress On Air in time for our civilisation to transform into Sustain-worthiness, and to be effective ?

      If the Public Archives are not sufficiently stocked, with Recordings and Copies of such proceedings and morale-lifters,
      to be whisked out and very-low-cost-broadcast to both Nation and World, from time to time

      then by that shortcoming and since
      the last thing the Predicaments* need is ‘Live Shows Luxurious and Luxuriant Expenses’

      I shall in honesty be unable to regard myself a citizen –

      certainly not the claimed ‘democratic’ and ‘rule-of-law’ citizen pageanted yesterday;

      and by that same governance and BBC failing, ergo neither can I be a ‘citizen-of-heaven’ i.e. upon God’s Good Earth.
      ————-
      * The Predicaments majorly include
      (1) The Earth’s Need to have its Renewable and Non-renewable Resources both conserved and protected; and
      (2) The Human Race’s Need to become Sustain-worthy.

      1631Sat280511.JSDM.

      • Baroness Deech
        Baroness Deech
        30/05/2011 at 4:34 pm

        I prefer clarity and rationality to appreciation and thoughtfulness! Try again.

        • danfilson
          30/05/2011 at 7:02 pm

          Well said. Perhaps what was written was automatically translated into Germanand back again, several times, and has lost something in repeated translation.

        • MilesJSD
          milesjsd
          31/05/2011 at 12:31 am

          Baroness Deech,
          Clearly neither you, nor any of your half-brained automaton puppets, would be able to comprehend such a submission from an ordinary honest-principled English citizen, in this case
          Yours leadingly*,
          John Sydney Denton Miles.

          Baroness Deech and danfilson: you are by no means alone in needing to be setting a followable-example of the Three Principles of Good Communication
          1. Clearly state all of the facts and both your formal-argument and moral-reasoning;
          2. Charitably recognise the (good) intention
          in each other participant’s submission;
          3. Be openly self-corrective wherever you find yourself, or are shown by any other, to be wrongly-informed, mistaken, or omissive.

          NB to danfilson – “followable-example” means “-such that every level of The People can follow-your example.

          *leadingly = follow the better Life leaders I have long been showing you are being overlooked by many, and deliberately ignored by almost as many.

          I shall not dignify your irresponsibility by repeating any such good names under this Post-and-henchman-reply of yours.

          0031T310511.JSDM.

          • Baroness Deech
            Baroness Deech
            31/05/2011 at 10:35 am

            Incomprehensible.

      • Senex
        09/06/2011 at 3:50 pm

        JSDM: Stephen Fry has a few things to say about language:

        Kinetic Typography – Language
        http://www.youtube.com/v/J7E-aoXLZGY?fs=1&hl=en_US

        Thought it might cheer you up?

        • MilesJSD
          milesjsd
          09/06/2011 at 7:39 pm

          I have worshipped Stephen Fry (worth-ship) for his rarely seen deeper extent and integrity of academic verbal ability;

          and I liked his ostensibly environmentally-friendly little term “dogkind”;

          but the question we have to face up to, both inwardly-individually and outwardly-collectively, is still

          “how many human-livings have you been consuming from the Common Purse ?”

          ‘Language’-wise, what is The Human Race
          ‘saying’ by consuming One-and-a-Half-Earths-worth of non-renewable and renewable resources and lifesupports ?

          Similarly what is any-one saying by drawing/being-given/ “””earning””” !!!

          more than one-human-living, out of the Common Purse ?
          ———–
          Thank you, Senex, I am cheered-up by that kind of in-all-directions self-expressionment.

          1939 Th0906 JSDM
          he sounds something like John Cleese

  6. Twm O'r Nant
    28/05/2011 at 7:02 am

    Why isn’t the UK more involved in the working of the EU and therefore offering up sensible objection to the lunacy they write into our laws?

    That is one very good reason for democratizing the HofL.
    ————-
    We may now look forward to the internalization of the Balkan conflicts to the EU, with Serbia now being eligible to join.

    • Lord Norton
      Lord Norton
      30/05/2011 at 12:22 pm

      Twm O’r Nant: No it isn’t. The Lords devotes considerable resources to the scrutiny of EU legislation – indeed, the EU Committee absorbs more resources than any other committee in the House – and is able to devote itself to the often complex detail in a way that elected politicians – concerned only with headline issues – would likely not be willing to do.

      • Twm O'r Nant
        31/05/2011 at 9:21 am

        Lord Norton, in my view that is precisely why it is!

        An intro to the president of the USA has gone to Lord Norton’s head!

        • MilesJSD
          milesjsd
          02/06/2011 at 4:08 am

          Given the undoubtedly subliminal power-manipulations that increasingly prevail upwards from the middle-classes to the several top-levels above Peers in the House, Lord Norton’s natural ASC* is no worse (in my view) than is that of the £10-in-the-collection-plate church-going middle-classes every Sunday.

          Twm’s call for democratisation would be well-made only if first we achieve participatory-democratisation of every level of the People;
          which means all at any kind of ‘top’ level need to re-democratise and Method III equip theirselves, and then also focus upon becoming competent in that core-essential skill or spirit of the good-teacher, ability to ‘turn-on the learning-lobes and desires of the citizen’s mind and brain’.

          Given the feasantly-pathogenic imbalances within British Governance, Education, Health-Building, Community-Constructivity, and Individual Human Development, Lord Norton is to be supported in his well-disciplined role of as it were reading-out the status quo facts and factors that we may have been unaware of or omissive of.

          I recall being advised my a Jungian analyst at Withymead, way back in 1955, that “the snobbery of the Upper Classes can be easily dwarfed by the inverted-snobbery of the Lower-classes”.

          There are so many vital but miss-able or deliberately-omitted facts and factors in and overarching or hiddenly-underlying every topic that is raised, that each of us needs to be singularly disciplined and declared in applying Principles of good-communication and honest-argumentation, as well as in trying to make our communication palatable or interesting.

          Pointed responses such as Twm’s, Senex’s and Lord Norton’s do achieve this latter quality, I do opine.
          ==============
          * Altered State of Consciousness, instantiable by various emotional-sweep-alongs e.g. during hymn and pop-song singing, public-demonstrations, pomp-and-ceremony, electioneering hype, and of course TV ads.
          (see “Your Body; biofeedback at its best without instruments” by Beata Jencks).

          0408W020611.JSDM.

  7. Gareth Howell
    31/05/2011 at 5:11 pm

    Incomprehensible.

    Well would you believe it!?!!

    Milesjsd models himself on Henry James, updated to be in keeping with modern sci-fi claptrap.

    Thus he writes and writes and writes, interminably, in the hope that at least three or four words will impinge on the brain, of somebody who is certainly not listening, but hearing, sufficient to cause raucous laughter, or even righteous indignation, at the three or four, but unutterably bored by the rest of it.

    But the key to the talk is

    “Grind’em down with nonsense, and eventually somebody will find something to grab on to, even if it takes half an hour!”

    I am delighted that the learnéd Principal and Baroness has taken the horns by the bull (which is what it is) and seen him off!

    If only in this approaching season of Spanish tourism, somebody, of considerable strength would take the said bull by the tail, and to shouts of

    “Dos orejas, y el cuello!”

    swing the animal round and round above the head, providing sufficient momentum to cast the animal well out of the stadium!

    The greatest Matador of all!

    Incomprehensible!

    Not approving of Bull fighting I can’t recommend taking the bull by the horns since the bull does have a fighting chance, even if it always ends up dead, and I would not want that.

    BULL it most certainly is!

  8. MilesJSD
    milesjsd
    01/06/2011 at 10:41 am

    So GH is one of BD’s half-brains too !

  9. Gareth Howell
    03/06/2011 at 7:06 pm

    There are things about the noble BD that MilesJSD will never know, that I do, which disqualifies from being that!

    So there! Heh! Heh!

  10. MilesJSD
    milesjsd
    13/06/2011 at 7:10 pm

    Just a generic rejoinder, if I may, GH: in all sincerity:

    there are things about your-self that you might never know,

    that others do know about,

    and that would, I have no doubt, qualify rather than disqualify you
    e.g. for a better individual life as well as a possibly sustainworthy, participatorily-democratic and very enjoyable new “Earth-citizenship”,
    such as Mary Bond’s “The New Rules of Posture”

    ———-
    With my apologies for all my shortcomings ;
    and I do now intend to seriously reduce my participation, in this LOTB failing-democratic -site.

    1909M13Jun

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