"The bedrock of our democracy is the rule of
law and that means we have to have an independent judiciary, judges who
can make decisions independent of the political winds that are blowing."
1. The components of the
2. The rule of law in Great
This is just a brief piece
in the crisis series, to keep things
documented in that series - and in case you were to think so: No, I do
pretend or believe that the crisis series does properly document the
things that happened since 2008, but it does currently consist of 152
Nederlogs since September 1, 2008, and I do not know anything like it
on the subject, that I also attempt to briefly delineate in the first
components of the crisis
I started with the crisis
series in September 2008, when I concluded
there was an economic crisis in the US and Europe. I was certainly not
the first to do so, but at the time this was denied by the Dutch
goverment and the leading Dutch papers.
Initially, in 2008 and
2009, with 80 entries in the series for these two years, all in Dutch,
I limited the sense of crisis to the economy.
In 2010 and 2011, being
preoccupied with ME/CFS and XMRV, also in Nederlog, there were only 15
entries in those two years, but my sense of crisis grew to include
politics and the phony "war on terrorism", especially because it turned
out that Obama mostly continued the politics of George Bush Jr. while
the "war on terrorism" was used
to undermine the rule of law and
the foundations of Western societies in various ways.
In december 2010 I also
published the first Nederlog in the crisis series that was written in
English, in which I wrote:
I started in
september 2008 a series that I soon called "Crisis:".
It is all in Dutch, with an index here:
The first file
in that index is of September 1, 2009 and the last of January 8, 2010,
after which most of NL turned to ME + me and to English.
Altogether, there are over 80
files, quite a few of which can be declared to be, after the facts,
quite perceptive - as indeed I was the first in Holland to mention
either Keynes or Marx to my knowledge, for by the beginning of
September 2008 everything was still supposed and said to be hunky-dory
in the Dutch economy, and neither the politicians, nor the bureaucrats
nor the journalists seemed to see anything coming, and indeed lampooned
anyone who said there might.
I did see something going on
and coming that looked a lot like a major economical crisis and started
writing about it then and today will write a little more - after noting
- by now the crisis is deeper than ever;
- it extends to the whole Western world;
- it has not at all been solved by the
- it has by now extended to the
political plane (e.g. with the Teaparty in the US and with Wilders'
group - that is: the xenophobic freak with the Aryan hairdo - in the
Netherlands; the influence of hardly sane rabblerousers like Beck and
Limbaugh in the US, whose backers are probably also behind the Teaparty
and Wilders, and more);
- and it shows no real signs of abating
- while the national debts keep rising
and rising in all Western states;
- and the bankers still are being paid
insane sums of money for merely having the good grace of being
- hardly anything has been done to
limit the abilities of banks and bankmanagers to fuck up whole national
economies for satisfying their private greed - again.
- So: Regulate, regulate, regulate -
before the whole ship of fools goes down from the greed of the
financial conmen no parliament and no government seems to want to tie
to such regulations as have worked under capitalism for decades on end.
Since I wrote that, there
were over 2 more years of the same, and it got worse and worse, and the
same policies continue:
The crisis was not attacked
and has deepened, while the banks and bankmanagers, and indeed also
other managerial types, continue to receive grossly indecent
insane amounts of money for what is clearly either criminal or
incompetent management; the rule of law is broken down on the pretext
of "the war on terrorism"; politicians act as if most of them are paid
by banks or by large corporations to look after the interests if the
banks, the large corporations, the rich, and politicians who serve
these interests; and the population gets poorer and poorer because they
are forced to pay the enormous debts generated by the banks and their
managers, while their legal rights get less and less.
I summarized the components
in 2012 by this diagram
My sense of crisis at
present comprises at least these items:
- The economy is in
crisis, mostly - it would seem - because of deregulation based on
false economical theories
politicians, political parties and political institutions are in crisis,
mostly - it would seem - because they serve the interests of the banks
and the corporations at the costs of public interests
- The rule of law is in
crisis, mostly - it would seem - because it is being broken down
with false appeals to "the war on terror"
The following is an example
of the crisis in the rule of law, this time exemplified by events in
rule of law in Great Britain
My source is an article in The
Guardian of today, by Nicolas Watt:
government plans to introduce a new generation of secret courts have
been dealt a major blow after hundreds of lawyers attacked them as
"contrary to the rule of law".
Here are two elementary points
about this very dangerous proposal: First, there is no justice if what
purports to be justice is not done in public, and second, once things
are being made secret, there is no assurance whasoever that the reasons
why they are being made secret are not lies, since one cannot test such
As Kenneth Clarke
prepares to table final amendments, in an effort to win over critics,
the group of lawyers called for the "dangerous and unnecessary" justice
and security bill to be scrapped.
The intervention in the
Daily Mail by the 702 lawyers, who include the army's most senior legal
officer during the Iraq war, comes as Clarke insists that judges will
play a key role in deciding whether the courts will sit in secret.
Clarke, who retained
responsibility for the bill after losing his job as justice secretary
last year, has been involved in a lengthy battle over plans for secret
court hearings that would block the public disclosure of sensitive
What the English government seems to want to have, like the American
government, are lettres
de cachet - which is to say that it seems as if these nominal
democratic governments want the powers of authoritarian regimes, on the
pretext of defending the population against al Qaeda, that is either
fictional or if real not with a millionth part of the powers of the
Soviet Union and China during the Cold War, for these had vast armies,
vast territories, and atomic weapons.
Here is more from the
Quite so! I hope this
law gets ditched, but I take no bets.
Civil rights groups have
warned that extending the secret hearings, known as closed material
procedures (CMPs), into the main civil courts in England and Wales
would threaten open justice. The bill would restrict access to some
sensitive intelligence to the trial judge and special advocates cleared
for security who would represent claimants.
In a letter to the Daily Mail, the 702
lawyers say the special sittings would "fatally undermine" the fairness
of court hearings and would "erode core principles of our civil justice
The Rev Nicholas Mercer,
a lieutenant colonel who was the army's most senior lawyer during the
last Iraq war, told the Daily Mail: "The justice and security bill has
one principal aim and that is to cover up UK complicity in rendition
and torture. The bill is an affront to the open justice on which this
country rightly prides itself and, above all, it is an affront to human
"The fact that some of
those individuals who are complicit in rendition and torture can not
only assist in the drafting of the bill but also vote to cover their
tracks is a constitutional scandal. It is little wonder that the bill
has been heavily criticised by the UN Rapporteur on Torture and
condemned by the vast majority of lawyers and human rights
organisations in this country."