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: Diary of a Criminal Solicitor

Deportation Issues

Apparently the Government has decided that it wants more foreign nationals to be deported if they are convicted. Whilst there is nothing wrong with a Government creating laws for the Courts to work with Theresa May's announcement is a little odd. She has suggested that if the Courts do not interpret the law in accordance with new guidelines for deportation of foreign nationals then she may have to resort to making new laws.

One of the basic concepts you learn on any law course is that there is a separation of powers between the Crown (i.e. the Monarchy), the Executive (i.e. the Government) and the Judiciary (i.e. the Courts). Whilst the role played by the Monarchy is less and less important the roles of the Judiciary and the Executive are very important.

The Executive create laws by passing laws which are usually in the form of primary legislation or Acts of Parliament. The Executive also make other laws using secondary legislation. When laws are made the Courts are duty bound to follow those laws and interpret them according to the will of Parliament. There are of course many times when the Courts have chosen to interpret the law in a way which seems to be the complete opposite of what Parliament intended.

Now, if Theresa May is unhappy with the way in which the Courts are currently interpreting human rights laws all she needs to do is to create new legislation which tells the Courts what to do and how to interpret the law? I have not read many articles on this subject but I am confused as to why she thinks she can simply give the Courts guidance on how to do their job and expect them to follow her guidance?

Full post as published by Diary of a Criminal Solicitor on June 10, 2012 (boomark / email).