The Courts and the People: Friend or Foe?: The Putney Debates 2019

The courts are considered our friend as they provide a forum for the discussion of constitutional importance and defend judicial independence.

Format: Paperback / softback
Length: 264 pages
Publication date: 18 May 2023
Publisher: Bloomsbury Publishing PLC

Are the courts our friend or our foe?

This book has three parts:
Part I considers the case for judicial independence.
Part II looks at the question: Is judicial independence under threat?
Part III reflects on whether judicial independence be defended and protected.

Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law, Justice, and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance. The original Putney Debates were held in St Marys Church, Putney, in 1647. The Civil War had been won, the King was held prisoner, the New Model Army was in control. In late October of that year, the weekly meeting of the High Council of the New Model Army, under the chairmanship of Oliver Cromwell, together with several civilians, turned into a debate about the constitution. This is perhaps the only occasion in modern history that a constitutional convention has been held on the English constitution.

The debate at Putney was not just about the form of government but also about the role of the courts in a democracy. The New Model Army was concerned that the courts were too powerful and could be used to undermine their authority. They argued that the courts should be subject to the control of the Parliament and that the King should have the power to appoint judges.

On the other hand, the civilians present at the debate argued that the courts were essential for protecting individual rights and liberties. They argued that the courts should be independent of the Parliament and the King and that the judges should be appointed based on their qualifications and experience.

The debate at Putney was a significant moment in the history of constitutional law. It helped to establish the principle of judicial independence, which is still a fundamental principle of modern democracy. The debate also helped to establish the role of the courts in protecting individual rights and liberties, which is still an important role today.

However, the debate at Putney was not without its flaws. The New Model Army was concerned that the courts were too powerful and could be used to undermine their authority, while the civilians were concerned that the courts were not powerful enough to protect individual rights and liberties. This debate continues to be a topic of discussion and debate today, as we continue to grapple with the balance between the power of the courts and the power of the government.

In conclusion, the courts are our friend, but they are not without their flaws. They are essential for protecting individual rights and liberties and for maintaining the rule government. However, the debate about the role of the courts in a democracy is ongoing, and we must continue to grapple with the balance between the power of the courts and the power of the government.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509952694