Monday, October 17, 2011

Proposed Constitutional Amendments Out,Out,Out..

There is much that is wrong about the way the law operates in this country.The main complaint I have is that ,like the best medical treatment ,the best law is generally only available to those with the deepest pockets.In civil cases ,in any event,the richest litigants get the best and maybe only practitioners and therefor the best  results.
With the exception of a small number of practitioners,some of whom I have the honour of knowing,and those good people in "New Beginning"I think it is called ,who take cases for poor litigants on a no foal no fee basis ,the civil law is beyond the financial  reach of the bulk of the populace and rich bullies and gredy lawyers can manipulate the situation to their advantage.
It would be great were that situation addressed in the upcoming vote ,but no fear of that.
The Government of the day appoints judges.One presumes that they will not appoint someone with diametrically opposed views to their own.
Once appointed they are very difficult to remove .
The reason they are independ  from the Government is so  they can act independently in the interest of the citizens.The reason that their salaries cannot be reduced after appointment is to protect them from victimisation from a Government that might disagree with decisions they make.
Put simply the Government might put them under financial pressure by reducing their salaries until they pip at the seams and change their tune.
We should know enough about politicians not to trust them on this one.
The second matter to be voted on concerns the desire of politicians to play at being judge ,jury and executioner in the Dail or Seanad.They want to usurp the role of the Courts by effectively trying people in the Houses of the Oireachtas "in matters of the public interest."
Given the performance of the politicians in bringing the Country to its knees ,the crushing austerity being imposed on the populace,the sucking up to the European and world bank henchmen,the mass emigration resulting and the widespread abandonment of hope by so many,I would have thought that no one in their right mind would even contemplate letting politicians stick their noses into this area.
It is not that long since collective amnesia was experienced by so many politicians when it came to taking donations from developers and such like when they were plied with money for" political purposes "in the interest of the democratic process."
Look when ,if ever, they arrive at the stage that they can run the country in some sort of reasonable manner and stabilise it to the benefit of our citizens ,then and only then should we even remotely contemplate them playing at lawyer.
To make a decent living as  either a Solicitor or Barrister you need to be married to or partners with a person laying a golden egg all the time,be independently loaded or else live like a monk.In rough times like now unless you have a cushion to fall back on you are doomed.Really it is a rich man's game and always was.The general populace don't like lawyers much,considering them on a par with traffic wardens ,grippers,the traffic corps  and Revenue and Social Welfare enforcers.Of course this is a generality and there are many fair people in all theses categories,but who doesn't dread receipt of a Solicitor's letter or the service of proceedings,invariably promising all sorts of ruination.and usually when you are at your lowest.
It is not great that theses bodies regulate themselves,but to allow politicians who couldn't get a drink in a distillery to appoint the majority of the  governing regulating body is recipe for disaster.Didn't they look after the regulation of the financial sector and look where that got us.
A resounding no,no,no.  

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