Once ensconced in one of the more comfortable rooms at Warwick University, John was able to turn his attention to the here and now. On the whole, the environment into which he was settling was congenial, even without seen through the rose tinted vision of sexual desire. It crossed his mind that this was the very first occasion he had viewed his surroundings in this way. He had an obvious nostalgic fondness for the university environment. It was true that the Oxford College was an infinitely more cloistered, stylish environment, before young upstarts like him to kick over the traces but Warwick University had its attractions. It was a campus university and sprawled over many acres of countryside and was constructed in the 1960's concrete brutalist style. To John's eye, had its perverse attractions. While he was here to lecture to the up and coming judges, it gave him a chance to dip a toe into the ambience of student life of which he was very fond.
Unlike before, a part of his mind was conscious and accepting of his home commitments. He could fondly picture both Jo and George going about their daily routines as normal. He looked out of his window at the spreading grass acres outside, and could envisage and contrast it to the confining restrictions of the court. Though distanced by space, he felt relieved that whatever problems there were in George's life, Jo would be there for her. He knew that Jo's word to look after George could be utterly relied upon and he was thankful for it. When he came to think of it, there were less people around than he liked to think of that he could depend upon for that level of trust. This was paradoxical when he considered how woven into the very fabric of the legal profession was a certain alcohol fuelled bonhomie. It was ironical that for someone who had devoted a lifetime in his calling that Larkhall women's support group was amongst the most faithful friends whom he could count upon. For someone who had grown up in what was once a male dominated profession and whose sexual appetite for women was both legendary and excessive, he realized that his closest and truest friends were women. A feeling of contented tenderness welled up within him for all concerned, wherever they might be as he stared out into the bright winter sunshine on a Thursday morning from within his warm and snug bedroom.
In a cheerful frame of mind, he selected his favourite dark suit and contrasting white shirt, and strolled down the staircase into the biting cold outside. He had been deceived by the very effective central heating of the accommodation block as he shivered inside. However, a bracing walk along the square concrete paving slabs took him to the brand new Conference Centre. He smiled pleasantly at the man on the door and made his way to the forty-seat capacity Lecture Room 2. The cream coloured carpets merged with the neutral colours and the geometrically drawn lines. He pushed open the swing door and made his way to the amphitheatre shaped room, which stacked up the rows of seats to the top of the room, and assisted his voice to project to the back of the hall. Years of speaking in courts had trained him to project his voice to perfection. He studied his notes carefully while the lecture room gradually filled up with an attentive audience. John's reputation had preceded him and, while other lecturers were of varying qualities, at least John's lectures were never boring. He smiled maliciously to himself as he reflected on the fact that this lecture might be easily titled 'Subversion in Contemporary Society' and that one day, he might write a book on the topic.
"You will have either read or have been brought up, as I have been, on the conventional
assumption of the separation of powers of the judiciary, the executive and the legislature.
The theory behind this assumption is a perfectly sound one. Each of them has its due and
proper place. The creation of new laws is the prerogative of a democratic society, based
on the elected members of parliament, which is given due scrutiny in the Houses of
Parliament. Whether or not it creates bad law is another matter and one that can be
rectified by amending legislation in the same way that a judge's decision can be appealed
to the court of appeal. While it is personally uncomfortable for anyone to admit that they
have erred, it is important, not only as a judge but as a human being to admit your
fallibility as a human being learn the lesson and, if need be, to apologise. The real
concern is that the executive is constructed and peopled who are beyond any awareness
of human fallibility or of inner reflection. Honest criticism is seen as subversion to be so
easily answered by their suppression of unwelcome truths, to compensate by the simple
and easy use of power in place of honest questioning, soul searching and self-doubt.
Believe you me, you cannot be an effective judge, or for that matter, a human being
without these instructive qualities.
.
The executive powers of the government is a similarly time honoured institution. The
trouble is that the relationship between these three organizations has never been fully
spelt out. Whereas the Americans framed a constitution to define the relationship
between the state and the people, it has been complacently considered that it has not been
necessary to do so in this country. The reasons for this are that possibly because this
country is the oldest democracy in the world or the perception that English people are
essentially freedom loving and will defend ancient liberties. For all that, Edmund Burke
expressed the vulnerability of all societies to the threat of tyranny and put it succinctly
when he said that "For evil to flourish, all it is necessary is that good men remain silent."
The judiciary has a critical role in interpreting the law, placed in the context of case law to maintain consistency of principle across the spectrum of activity and in the evolution of time. It must be borne in mind that change in case law arose from an individual judge who asked questions, who did not accept that the accumulated wisdoms fitted the particular circumstances. He invented a new approach in dealing with a particular case and went on to propound a general principle to serve future generations only as long as it remains the highest wisdom.
What is most worrying is the growing supine attitude of the legislature to the increasingly over mighty executive. In turn, it arrogantly considers, in its increasingly isolated environment, to be the fount of all wisdom and to inflict it on the rest of society. The Human Rights Act was created to remedy the lack of a formal constitution and, however defective you might think it or limited in its application, its creation must be applauded. However, you will recall the public statements of the government six months ago that it intended to create legislation in order to instruct judges on how to interpret that act in relation to terrorist offences. Legitimate concern for public safety is one matter. The deliberate and insidious encroachment of the powers of the executive is quite another and is part of a trend that must be resisted.
What forms of resistance must be taken up is the next question that springs to mind. There is no easy answer to this. There is nothing in the law books and textbooks upon the subject. From my experience, I would draw out certain key points. The first point is in constructing your own set of values. You need to publicly set your stall out as to what you will permit, what you will be amenable to and what you will not compromise on. It is important to separate out the essential from the incidental. From then on, you must determine that what you have, you must hold onto. Secondly, you must learn the correct mix of persuasion and force of position. Thirdly, you must develop your knowledge through people of all levels and walks of life as to what really goes on in society. To that extent, there is some merit in the criticism leveled at our profession that we are somewhat insular and rooted in the past. That being said, it is the height of folly to ditch both good and bad in our traditions and follow the cursed siren sounds of modernism and to sell your soul. Believe me, if you do that, it is almost impossible to redeem it. From my observations, the more compliant you are when you should not be, means that you pick up a particularly poisoned chalice of a reputation. This is the ill luck of being regarded as a 'safe pair of hands' which I urge you to distinguish from earning a professional reputation in being as good as a practitioner as you can possibly be. The real problem of being thought of being as 'politically dependable' is that it is infinitely harder to break out of that trap than if you are thought of as something as a rebel. You may be feared by the growing band of apparatchiks in this country but at least they will respect you." John strolled around the confined area as he delivered his lecture in an easy paced manner. Normally, his glance would have taken in the more attractive female students, as he knew full well that there is nothing as seductive as a display of intelligence so long as it is couched in the correct manner, down to the certain cadences of sounds and words. He had consciously taken advantage of this on a number of occasions in the past. This time, it was different. The students were hastily scribbling down their notes but he wondered just how far they would inwardly digest his observations, assimilate them and apply them in their future conduct. He could sense the careerists in the making who he could see had switched off as he made them uncomfortable and were on automatic writing mode. He could see the more thoughtful students who were taking in his words. Normally, he could pick out the more attractive women who listened to the man as well as the messages but this time, resolved to be utterly disinterested in his efforts to communicate his feelings. He could never deny his attractiveness and disfigure himself but at least, he knew that he had choices in life.
He strolled around on his favourite stretch of ground in the lunch break. This was the large square grassy area, which sloped up sharply to the back entrance of the conference centre. There was a pleasing symmetry in the shape and it felt that it put him in touch with nature. It was the ideal place for contemplation, and he was aware that there were certain parts of his lecture, which he owed a debt of gratitude. That very remarkable woman, Helen Wade had questioned the very nature of his existence as never before. The end of the last session had upset him unbelievably, but he knew enough to realize that he should never be too proud to fight what hard truths she cared to lay on him. He should reserve his capacity for defiant opposition for where it was appropriate. What was happening in his life had some kind of purpose. What warmed him up inside despite the bitter cold, was to cling to the perception that she was utterly sincere and giving of herself to his reclamation. All he needed was certain courage to face himself, a quality that was far more demanding than he had ever imagined, especially as a self-confessed truth seeker. He felt contented with himself, as he was starting to feel whole and secure in himself. He had never felt this way before. He was vigorous and alert as he had always been and age may have brought on a few more grey hairs but life's experiences had also given him the wisdom that he had more to learn. Only the young and callow think that they know it all. Life was good to him.