Moreover, this judgement in itself renders it weak and vulnerable – once again subjecting the independence of the Scottish legal system to that of the British state. In referring the matter to the final judgement of the Supreme Court in London the implication is that the Court of Session is not the highest court in Scotland – that it has no real independence, that Scots Law must be tested through a higher British court before it can be considered valid, legal and binding in and over this so-called union of equals. This strikes me as utterly pathetic.
McHarg writes that the requirement for a Section 30 order – that is the permission of the London government to call a referendum – is not actually an expressly reserved matter.
A truly just society is a society in which the social and the procedural are reunited in common purpose, where the law serves the demands of social justice. Justice in this sense is where people, both as individuals and as communities, take priority over claims to wealth, property, and power.
Nowhere in the capitalist world is the law intended to protect human beings qua persons with certain inalienable rights. Where such rights are protected they are protected not on the basis of the essential rights of people to the necessities of life, but rather on the basis of the requirements of the capitalist economy – the god and chief arbiter of capitalist justice.
With one in five TDs in the current Dáil being owners of private rental accommodation it is no wonder that nothing has been done – even as homelessness in the country reaches record levels – to help keep ordinary working families in their homes.
If reassuring the markets by restoring confidence through greater certainty is her objective, Mrs May is as much use as a fart in a lift – to quote Judge Rinder; another openly gay magistrate.
Europe has smacked technology giant Apple with a whopping €13 billion tax bill, but rather than leaping at the money to address domestic issues like the highest level of homelessness since the Famine Ireland is trying to get Apple back to tax free trading.
Follow @RPJblog Abortion continues to be a highly emotive topic in Irish politics and public life. The campaign to repeal the eighth amendment to the Irish Constitution has brought the question of abortion in the state back to the centre of public debate, and, as is to be expected, tempers on both sides of the … Continue reading Thoughts on the Eighth Amendment