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740  23 June 2003   

Rise of the Dicastocracy

I believe that are society is becoming more dicastocratic.  The modern citizen seems to prefer the appointment of neutral adjudicators or regulators of some kind, to the imposition of other forms of authority.  “Dicastocracy” simply means rule by judges. Don’t complain if you can’t find in the Oxford English Dictionary - it won’t be there yet, because I invented it only last year.</a>  Dikastis is the Greek for judge, and kratos the Greek for power, authority - as in all the other -ocracies.  This week produced three further examples of this trend. 

First, the introduction of a UK Supreme Court, quite separate from the House of Lords.  And the long-awaited demise of the absurd office of Lord Chancellor. It will of course be a Supreme “UK-kind-of” Court – not like the American or Continental Supreme Courts, with jurisdiction to override the Legislature, to invalidate Acts of Parliament.  Even though the change will make little difference in practice, the symbolism is important.  It will consolidate and strengthen the authority of the judicial system, of the dicastocracy

Second, Parliamentarians have called for a new “privacy” Act, spelling out what principles should govern the protection of individual privacy, balancing its considerations with the freedom of the Press.  I predict that there will be no such Act.  It would be far more sensible to allow the judges to develop the case-law, using Common Law and the liberal principles of Article 8 of the European Convention of Human Rights – which is precisely what they are doing already.  Even from the cases already brought, precedents are being formulated, forged in the cross-fire of the Courts – I would prefer that approach.  It would be fiendishly difficult to draft a regulatory statute, and I favour leaving it to the judges. 

Thirdly, a new Regulator is looming up, on the horizon. I hold no brief for this new creature, to be called the Fair Access Regulator, and who will chase Universities who fail to recruit enough “working-class” students.  I think the whole idea of statutory intervention of this kind is ridiculous. But I pray this example in aid, only to show that these days – whenever he wants to create an “authoritative” figure – the politician creates a new “judge” or neutral adjudicator. 

As the authority of the professional political salariat continues to wane, I predict a new dicastocratic phase of the UK Constitution.

Dicastocracy will bring new tensions, new rivalries - have you thought about them?  Drop me a line

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