Editor,

MOTO-KI-LAU HOLA seems stuck in the past favoring the antiquated "Lord Chancellor" office idea over the more democratic Judicial Services Commission model now used by many British Commonwealth countries (Big Farce, 22 Aug 2010).

The "Lord Chancellor" office was a bureaucratic apparatus of the British Government. The practice started in 605 A.D., according to Roger Smith (2005) writing in the Journal of Law and Society. Former Prime Minister Tony Blair proposed it abolished in 2003, and its power to appoint judges was transferred in 2005.

"Lord Chancellor" Predates Magna Carta, Feudalism

In Medieval times (1066), the "Lord Chancellor" office was reorganized in the 11th century. "William The Conqueror" had introduced Feudalism to England and His Majesty empowered "Barons" to administer his vast estates because he was a foreigner.

The Barons grew powerful and they wanted to restrict the power of the king with the Magna Carta charter. When King John finally signed the Magna Carta in 1215, it did not, however, recognize the rights of ordinary individuals as we know it today as the Human Rights Act.

Human Rights Act Doomed "Lord Chancellor"

Corruptions multiplied over the years as Lord Chancellors grew more bureaucratic, and some acted as judges in their roles as watchdogs of the Judiciary Branch of government. They were even accused of cronyism (nepotism in Tonga), and appointing powerful politicians to judgeships who possessed inferior legal qualifications over more qualified justices.

Claims by proponents that the office is a proper "link," or "buffer" between the Executive Branch and the Judiciary were doomed by two facts:
The Human Rights Act 6: Rights to trial by "an independent and impartial tribunal."
Criticism by former Soviet Block of Eastern Europe, that England did not respect "the separation of powers" promised in a democratic Parliamentary Assembly.

Summary

Our political reform process will not be best served by the new Lord Chancellor Office. Emulating the British system of government does not need to include an anachronism.

From Medieval England in the 7th century until the 21st century, the Lord Chancellor Office has had the propensity to run afoul of the law, ethical practices, and moral governance. The Judicial Services Commission model has been adopted by many Commonwealth nations under the democratic principles of "participation" and "representation."

References

Smith, R. (2005). "Constitutional Reform, the Lord Chancellor, and Human Rights: The Battle of Form and Substance," Journal of Law & Society, Vol. 32 No. 1, pp. 187-201.

samokofisi [at] email [dot] phoenix [dot] edu [1]