Christian Jurisprudence affecting Theology
PROGRESS = Rule of law "applied" in a safe and just democracy.
DIGRESS = Rule of law "not applied" is corruption by the judiciary
REGRESS = Non-law such as mediation
Justice is a virtue because she "changes" the rule of law by reason.
Christian debate and Justice:
Jesus Christ was found to be innocent by Pontius Pilate. However, Pontius Pilate's Judgment could not be enforced. There was a miscarriage of justice because the rule of law had been correctly applied but failed at enforcement.
Issues where a similar scenario is currently occurring in British Jurisprudence:
Fathers4Justice cannot enforce their judgments.
The State is failing to enforce judgments via the Department of the Home Secretary concerning deportation of undesireable and undeserving people back to their countries of origin. This is having an impact because it is adversely affecting some British citizens who have experienced loss of life and dignity. However, some are afforded a right to non-enforcement via the Human Rights Act 1998 such that they may not be deported where they would be in danger of death or torture.
Enforcement in Jurisprudence is a necessary application of the rule of law - a judge's reasoned decision should not be a worthless piece of paper.
Enforcement and non-enforcement of the rule of law is the difference concerning judicial corruption, the former will be inadvertent leading to a miscarriage of justice, the latter deliberate conduct which should require the judge(s) brought before Parliament in a safe and just democracy.
Mediation is currently unlawful in Scotland as it has no basis in law, however mediation is also unlawful in England & Wales because it is "unjustly" applied via CPR 26 - the court practice rules as it requires a judge to go outside the scope of his equitable discretion. A judge must apply the rule of law, not non-law. A reference to mediation also occurs via clause 9 of the Arbitration Act and as an "effect in society" enables mediation to bypass the rule of law "absolutely" in both a common law and statute law premis.
Discuss.
DIGRESS = Rule of law "not applied" is corruption by the judiciary
REGRESS = Non-law such as mediation
Justice is a virtue because she "changes" the rule of law by reason.
Christian debate and Justice:
Jesus Christ was found to be innocent by Pontius Pilate. However, Pontius Pilate's Judgment could not be enforced. There was a miscarriage of justice because the rule of law had been correctly applied but failed at enforcement.
Issues where a similar scenario is currently occurring in British Jurisprudence:
Fathers4Justice cannot enforce their judgments.
The State is failing to enforce judgments via the Department of the Home Secretary concerning deportation of undesireable and undeserving people back to their countries of origin. This is having an impact because it is adversely affecting some British citizens who have experienced loss of life and dignity. However, some are afforded a right to non-enforcement via the Human Rights Act 1998 such that they may not be deported where they would be in danger of death or torture.
Enforcement in Jurisprudence is a necessary application of the rule of law - a judge's reasoned decision should not be a worthless piece of paper.
Enforcement and non-enforcement of the rule of law is the difference concerning judicial corruption, the former will be inadvertent leading to a miscarriage of justice, the latter deliberate conduct which should require the judge(s) brought before Parliament in a safe and just democracy.
Mediation is currently unlawful in Scotland as it has no basis in law, however mediation is also unlawful in England & Wales because it is "unjustly" applied via CPR 26 - the court practice rules as it requires a judge to go outside the scope of his equitable discretion. A judge must apply the rule of law, not non-law. A reference to mediation also occurs via clause 9 of the Arbitration Act and as an "effect in society" enables mediation to bypass the rule of law "absolutely" in both a common law and statute law premis.
Discuss.
posted by Lesley McDade at 3:16 pm
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