Saturday, 11 February 2017

PROVISION FOR JUSTICE TO ALL: A MORAL IMPERATIVE FOR A CIVIC SOCIETY




A few months ago, people here in UK voted to get out of European Union. The present government which consists mainly of eurosceptic politicians wanted to decide the when and the how to manage this Brexit without discussing in the Parliament. They were afraid that many members of the Parliament might oppose some of the provisions which seemed discriminatory. There were also some who thought the way pm was hurrying to start the process might  be harmful for the economic growth of the country.
It seems logical that the Parliament must deliberate before the ministers can take a definitive decision on a constitutional process of such a magnitude. The government was adamant not to allow it.
Gina Miller, a member of public decided to take them to court, the government opposed but lost. The court ruled that the government has to discuss and get the agreement of the Parliament before starting the process of Brexit.
David Pannick, the barrister who argued the case for the plaintiff said that it was great that a common person could get justice even against the most powerful institution in the country.
I wonder, can really any citizen get justice. Gina Miller is not your typical average citizen. She is smart, highly intelligent and also a very rich business woman. She can afford the services of the big guns like lord David Pannick QC and his team.
It is true Justice is certainly there for everyone in UK but can everyone afford it! The fee alone of the barristers and their teams in the Brexit case was more than a million dollar! A low or middle income person cannot afford such justice. A few years ago the government used to pay all the cost if a person could not afford it but the budget for this has been markedly reduced in the present economic climate.
In principle it seems great that provision of justice should be equal for everyone but in practice there had to be some compromises.
A good society is one where the compromises are kept to a minimum. A competent and unbiased judiciary which is not under the thumb of the government or the Mafia is of course a condicio sine qua non. A civic society must also make adequate funding available in deserving cases where fundamental or constitutional rights are at stake.

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