The power game

Roger Smith in his article 'No right to judge' says that the point of the reform in removing the Lord Chancellor is to 'increase the independence and legitimacy of the judges' (see [2003] Gazette, 19 June, 22).

This presupposes that the judges currently in place are neither independent nor legitimate.

It is difficult to see how you can increase 'independence' or 'legitimacy'.

Either you are independent and legitimate or you are not.

Mr Smith's use of such words is typical of the woolly thinking behind the 'human rights' lobby and their advocacy of the destruction of the finely balanced parts of the constitution and the common law.

Written constitutions and declarations of human rights as set out in innumerable jurisdictions, including that of Russia, are not the panacea to prevent abuses of power.

Evolving social custom, precedent and peer pressure are often stronger weapons, as evidenced by the development of common law and equity.

Lionel Judd, Aldwych, London