Kevin Myers: It wasn't our TDs' plan to make deportation almost impossible
Published 27/01/2010 | 05:00
There's a basic distinction in any democratic society between the legislature and the judiciary, and it's all too often forgotten -- especially by lawyers -- as to which should prevail.
The lawmakers come first. As kings or barons or elected politicians, they establish the laws and they then give the judiciary the task of interpreting and applying them. The judiciary is not some entity sent down from heaven to co-govern. It is an employee of the state; and just as it can define laws in such a manner as to confound the intentions of the law-makers, so the law-makers can confound those definitions with fresh laws.
And if a supreme court consistently interprets the law in such a way as to obstruct the will of government, then it is properly within the power of modern government to appoint such judges to ensure that the will of the people remains paramount.