NCJ Number
57797
Journal
Police Journal Volume: 52 Issue: 2 Dated: (APRIL-JUNE 1979) Pages: 107-125
Date Published
1978
Length
19 pages
Annotation
AN EXAMINATION IS MADE, IN THIS BRITISH SPEECH, OF THE NEED TO ENSURE THAT A SOUND LEGAL SYSTEM EXISTS IN CLOSE COOPERATION WITH AN ORDERED SOCIETY WHICH UNDERSTANDS AND SUPPORTS THE LEGAL SYSTEM'S PARTS.
Abstract
BRITAIN DOES NOT HAVE A WRITTEN CONSTITUTION, RATHER A SET OF LAWS AND CUSTOMARY PRINCIPLES TO GUIDE LAW MAKING. PARLIAMENT MAKES THE LAWS AND THE COURTS ENFORCE THE LAWS. PROBLEMS DO ARISE, AS PARLIAMENT DEPENDS ON HUMAN BEINGS TO CREATE THE LAWS THAT OTHER HUMAN BEINGS MUST ENFORCE. THIS DIFFICULTY IS MADE MORE SIGNIFICANT BY THE RECOGNITION IN BRITISH SOCIETY OF THE SUPREMACY OF THE LAWS. PARLIAMENT WILL SOMETIMES MAKE LAWS WHICH ARE MORE BURDEN THAN AN AID TO SOCIETY. IT WILL ALSO SOMETIMES FAIL TO MAKE LAWS WHICH SOCIETY PERCEIVES AS NEEDED. MANY OF THE LAWS ARE QUITE COMPLEX, AND THERE IS SOME QUESTION AS TO WHETHER THE MEMBERS OF PARLIAMENT ACTUALLY UNDERSTAND THE LAWS ON WHICH THEY ARE VOTING. THE QUESTION IS NOT ONE OF WHETHER THERE IS A LEGAL SYSTEM IN BRITAIN, BUT WHETHER THERE IS A SOUND LEGAL SYSTEM AND AN ORDERED SOCIETY. THERE IS A BASICALLY SOUND SYSTEM OF LAWS, BUT WITH DEFICIENCIES, DUE BOTH TO THE ABSENCE OF APPROPRIATE LEGISLATION AND TO POOR METHODS OF ADMINISTRATION AND OPERATION OF THE SYSTEM. IT WOULD BE WRONG TO SAY THAT THE SYSTEM IS IN CHAOS, BUT IT MUST CONSTANTLY IMPROVE AND CHANGE TO MEET THE DEMANDS OF THE SOCIETY. THE LAWS MUST NO LONGER REMAIN MYSTERIOUS AND REMOTE FROM SOCIETY. IT MUST BECOME PART OF THE NATION'S ACTIVITY AND BE UNDERSTOOD AND RESPECTED BY THE PEOPLE. WITHOUT THE PUBLIC THE LAW SERVES NO REAL PURPOSE, AND WITHOUT SUPPORT OF THE PUBLIC LAW CANNOT