There should be so such thing. There should be Judicial power and Political power.The two are quite different. The first is impartial and is based on the judgement of what is proper within the law. The second is based on the judgement of what is best in the national interest. By its nature the first is and must be impartial. By it nature the second is based on the view of a politician from a political party, cannot be impartial and, in the national interest, should not be.
That we have a vast agglomeration of legislation that confuses the one with the other is due to a lack of a written Constitution and a lack of understanding of what the unwritten one is. Apart from certain provisions about universal franchise and the frequency of parliamentary and local elections, there is one guiding principle and one or two concessions to democracy.
The guiding principle is that we have an hereditary Monarchy with absolute power over everything. The concessions to democracy are that Parliament must approve the Queen’s choice of Government, which by convention is chosen mostly from its ranks. It can sack the government through a vote of no confidence and no money can be spent nor taxation raised without its prior approval. Every other aspect of power is exercised by Royal Prerogative through the Government, which as its title makes clear, is Her Majesty’s, not Parliament’s nor the People’s.
Parliament is broken down into political groups or factions formed into Parties. This is how Parliament organises things, because another principle of the Constitution is that Parliament has sovereignty over itself. In the nature of matters in action, such a body or its members cannot be impartial, they will have views, passions even, about almost everything. This is why we have an independent Judiciary, made even more independent recently by the establishment of the Supreme Court.
As current shenanigans with the Telegraph and Vince underscore, none of this works as well as we think it does, nor is as honest in presentation as it ought to be, nor as understood as should be universal in an open and free democracy. What it does do, is invest in the hands of the government of the day levers of power unmatched anywhere else outside a dictatorship. If we are happy with this we will continue to put up with inefficient governance, stings and public apathy, brought to life only by a universal distrust of politicians.
If we think we deserve better, we need to get a proper Constitution at the heart of our State.
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