Are Our Judges Ruling As The Polulation Would Want?

[youngmafbog]

Or are they still on a liberal elite agenda?
//A refugee convicted of a serious sex offence with a 13-year-old girl cannot be sent back to his home country because deportation was ‘not fair’ on him,//

So *** the population of the UK then Judge?


http://www.dailymail.co.uk/news/article-4601376/Judge-rules-unfair-deport-sex-offender.html

[jim360]

Aren't judges meant to rule based on the law?

[youngmafbog]

But isnt the law meant to reflect the will of the people?

And isn't the law always open to interpretation?

[woofgang]

No, I don’t think the law, as in Justice, is expected to reflect the will of the people. Its government that is supposed to reflect the will of the people and its government who enact statutes. It is the job of courts to apply these in ways which are just and reflect the circumstances of the crime, hence “case law"

[youngmafbog]

Err, governments are electd by the people so the same thing?

So its only the Yanks who get 'by the people for the people then? We are just dictated to?

And even so surely the interpretation here is not right?

[Old_Geezer]

Serves you right for not demanding to elect your​ judges but letting them form an elite.

Trouble is, how do you judge who would make a good judge before appointment ? Almost as difficult as choosing between local government candidates.

[jim360]

Even in the US, the separation of the judicial branch from the other two is crucially important. Hence, for example, Trump's "Muslim Ban" being blocked again and again by the courts, despite the apparent will of the people for this to go through.

Here it's the same -- justice is a separate branch of government from the legislative one. It's a vital separation to maintain. So I suppose that technically that means that justice is blind to the will of the people. Or, rather, "knows no other Will of the People than that as expressed in Parliament". In this case, the "Will of the People" is the one expressed by our having legislation enacting the European Convention on Human Rights; until such time as that legislation is repealed, then that is the Will of the People as seen in law.

[youngmafbog]

True OG, but at least you can remove them if they prove to be rubbish or politically motivated rather than be stuck with them for life.

[Khandro]

If the law isn't open to interpretation, why do we need judges?

[cassa333]

I am all for justice to prevail and if I were a judge would be classed as a hanging judge :-)

So if he or any other convicted criminal has the right to appeal then they should be given the opportunity. However that should be done with expediency and have a time limit.

TBH if they want to appeal they do it on the day or following day of being found guilty. The appeal should then take place within a specified, but not long, time. How about six weeks?

[douglas9401]

There is no justice, just highly educated folk playing a high-stakes game.

[EDDIE51]

Yet again I have to point out that Judges DO NOT make up the sentence off the top of their heads!
They have no option but to follow the sentencing guidelines . In some cases there is a little leeway to add to or subtract from the guideline but it is very limited and a Judge will need to explain in court the reason they deviated from the guideline.

[naomi24]

//Appeal judges said he can't go home because there is a threat to his safety
But he travelled to Zimbabwe in 2010 for his father’s funeral without trouble//

The law really is an ass.

[EDDIE51]

Zimbabwe is has to be among the least safe countries in the world now.

[naomi24]

Eddie, who cares? Who should care about that monster's safety? I couldn't give a hoot! That little girl wasn't safe from him! Get your priorities right!

[Khandro]

Eddie //Yet again I have to point out that Judges DO NOT make up the sentence off the top of their heads! //

Do you have a degree in law? If judges didn't occasionally make decisions outside of the norm, we wouldn't have precedents. Judges can say whatever they want, but the law has an inbuilt system of appeal.

[EDDIE51]

I suggest you actually read the story before you question the 'judge'>

Three Appeal judges accused Home Office lawyers of confusion over Mr Mosira’s status as a refugee and of acting too late in the saga of the long-running case when they finally put forward proper arguments for his deportation.
Lord Justice Sales said ‘it is not fair to Mr Mosira’ for the Government’s lawyers to raise ‘at the eleventh hour’ the arguments that could have seen him thrown out of the country.

For a start this is an appeal court ruling by 3 judges not one!
Secondly the reason he now cannot be thrown out is that government lawyers failed to show reason why he should be deported.
If the government lawyers had done their job correctly he would have been deported years ago ! So it's nothing to do with the 3 appeal court judges. As I said, the reason Judges exist is to uphold the law! It is not their problem if the law is not to your liking !

[agchristie]

I thought this was going to be about the Kenyan and Jamaican guy that won a human rights ruling today!

A certain Mrs May being blamed again in her former role?

[hereIam]

I couldn't give a stuff about his safety !!

[jno]

did you actually read the story? The unfairness was in the conduct of the trial by the prosecution. If they'd done it properly he could have been on his way now.

[fender62]

makes one wonder, do anyone foreign criminals ever get deported
shackled by human rights act, liberal lovies and all the other migrant support groups. seems public safety is an after thought as long as the law is upheld ie human rights act...