Fali S Nariman’s speech on judicial corruption is well worth the read.
As a senior lawyer, he must be aware of things.
One para of the speech is particularly noteworthy:
“I belong to a profession where there is the least transparency; clients do not know what mumbo jumbo their advocates argue in courts, people cannot understand the long judgments given by the men and women in black robes; the judiciary, especially the higher judiciary, has put itself on cloud nine, wrapped in a convenient cloak of inviolability. How are judges appointed? Why are they appointed? What are their shortcomings? How are these dealt with? It is met with a condescending answer: “It is none of your business to ask us questions, we know what is best for the system.” Any attempt at exposure is visited with retribution in the form of imprisonment or fine for contempt of court.”
The legal community is a self-regulating profession: only lawyers can become judges, and lawyers also control legal education.
Because there is little transparency and everything is mumbo-jumbo legalese to the common man, this self-regulating profession is in a great position to exploit its power – and increase litigation, from which they directly benefit. Socialist interventionism through legislation is in their financial interest - because it increases litigation.
Thus, the legal community is just another ugly “vested interest”: notice how all the major parties have lawyers on board.
Therefore, not only must Economics be de-mystified, so the common people can understand its truths, so too must the knowledge of law.
Judicial corruption is the greatest evil to ever befall a nation.
The solution does not lie in an “ombudsman” as Nariman says. The solution lies in a new moral consensus on law itself, to be achieved through “politics”.
A moral consensus has everything to do with law.
This will not only ensure the “rule of law” (as opposed to the arbitrary rule of men), but will also lower litigation considerably.
Onwards to a Second Republic!
As a senior lawyer, he must be aware of things.
One para of the speech is particularly noteworthy:
“I belong to a profession where there is the least transparency; clients do not know what mumbo jumbo their advocates argue in courts, people cannot understand the long judgments given by the men and women in black robes; the judiciary, especially the higher judiciary, has put itself on cloud nine, wrapped in a convenient cloak of inviolability. How are judges appointed? Why are they appointed? What are their shortcomings? How are these dealt with? It is met with a condescending answer: “It is none of your business to ask us questions, we know what is best for the system.” Any attempt at exposure is visited with retribution in the form of imprisonment or fine for contempt of court.”
The legal community is a self-regulating profession: only lawyers can become judges, and lawyers also control legal education.
Because there is little transparency and everything is mumbo-jumbo legalese to the common man, this self-regulating profession is in a great position to exploit its power – and increase litigation, from which they directly benefit. Socialist interventionism through legislation is in their financial interest - because it increases litigation.
Thus, the legal community is just another ugly “vested interest”: notice how all the major parties have lawyers on board.
Therefore, not only must Economics be de-mystified, so the common people can understand its truths, so too must the knowledge of law.
Judicial corruption is the greatest evil to ever befall a nation.
The solution does not lie in an “ombudsman” as Nariman says. The solution lies in a new moral consensus on law itself, to be achieved through “politics”.
A moral consensus has everything to do with law.
This will not only ensure the “rule of law” (as opposed to the arbitrary rule of men), but will also lower litigation considerably.
Onwards to a Second Republic!
Dear Mr. Chakraverti
ReplyDeleteI would love to hear your opinion about judicial corruption that had shaken Australia to its core
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