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Thread: "All Judicial Appointments Are Political, Including Mine" - Judge

  1. #31
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Seán Ryan View Post
    I'd not refer to my adversary as "my friend" in the first instance. To refer to him or her as "learned" would be a stretch too far.

    There have been hundreds of relevant cases since the original McKenzie v McKenzie case. Our own High Court has decreed that a lay litigant is not only entitled to equality before the court, he or she is entitled to extra judicial forbearance, so that there might be no hint of bias. Ramachandran I think...

    In most situations where I've experienced bias in the form of a judge treating a lay litigant like something walked into a carpet from a shoe, I've mostly had relevant case law at hand. Unfortunately most judges don't like to be interrupted mid rant and usually come to some finding before finishing. Thus, having the relevant and supported argument is moot. There are but two possibilities. The first is to ask the judge to state a case to the High Court. Good luck with that, the High Court will answer that your argument should have been made before the judge ruled. A judicial review will yield similar results, only more expensive.

    Your quote about the litigant who represents himself having a fool for a client is one that's often heard. It's been my pleasure to have educated quite a few judges at this stage to the fact that the fool being referred to was actually a lawyer.
    You are indeed learned.
    My tactic for ranting bias magistrates is to have a Senior Council/Barrister sit center court and let the Judge know he's under observation with a view to immediate judicial review if there's any of his nonsense. That rattles them. Especially after your lawyer suggests to the Judge ''I get the feeling you don't like my client.''
    “Enlightenment must come little by little - otherwise it would overwhelm.” Idries Shah. http://en.wikipedia.org/wiki/Idries_Shah

  2. #32

    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Slim Buddha View Post
    I agree with you but then, I would scrap common law if given the chance.
    Too right there SB. 'Common law' is a colonial legal system.
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  3. #33
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Trow View Post
    You are indeed learned.
    My tactic for ranting bias magistrates is to have a Senior Council/Barrister sit center court and let the Judge know he's under observation with a view to immediate judicial review if there's any of his nonsense. That rattles them. Especially after your lawyer suggests to the Judge ''I get the feeling you don't like my client.''
    Haven't had magistrates in the ROI since 1922

  4. #34
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Too right there SB. 'Common law' is a colonial legal system.
    Apart from that why do you want to abolish it, and with what would you replace it?

  5. #35

    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Updated Feinchas for the 21st century. It could be done. I see no reason why we should call ourselves a 'Republic' and not be able to choose our own legal system.

    Of course that would have been laughed out of court, as it were, seeing as it has the remarkable distinction of being both native and still protruding through the adopted Norman law customs we still persist with and, sure, isn't 'independence' in Ireland the ability to choose how close you want to copy Boston or Berlin?

    We'be be better off in the long run defaulting, leaving the EU/Eurozone and taking the opportunity to start again with a constitution based on a detailed Feinchas system updated to the 21st century.

    It is about this stage some wit pops up with 'de-de-dey used to sacherifice people back den, y'know'.... the usual middle ages snapshottery and limited imagination of the trained Irish peasant coming to the fore and unable to conceive of the ability to adapt and update anything native to the country.

    Banana to the first Irish peasant to splutter 'but that's OLD' in some way.... and unable to read the bit about updating for the 21st century.

    In short- my wish list would be a republic with direct democracy, local cantons with feinchas-based legal system and to hell with what Boston or Berlin want.
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  6. #36
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Trow View Post
    You are indeed learned.
    My tactic for ranting bias magistrates is to have a Senior Council/Barrister sit center court and let the Judge know he's under observation with a view to immediate judicial review if there's any of his nonsense. That rattles them. Especially after your lawyer suggests to the Judge ''I get the feeling you don't like my client.''
    Quote Originally Posted by homer View Post
    Haven't had magistrates in the ROI since 1922
    We're stuck with them up here then. [6 Counties] You can be sure the magistrates are here by political appointment.
    “Enlightenment must come little by little - otherwise it would overwhelm.” Idries Shah. http://en.wikipedia.org/wiki/Idries_Shah

  7. #37
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Updated Feinchas for the 21st century. It could be done. I see no reason why we should call ourselves a 'Republic' and not be able to choose our own legal system.

    Of course that would have been laughed out of court, as it were, seeing as it has the remarkable distinction of being both native and still protruding through the adopted Norman law customs we still persist with and, sure, isn't 'independence' in Ireland the ability to choose how close you want to copy Boston or Berlin?

    We'be be better off in the long run defaulting, leaving the EU/Eurozone and taking the opportunity to start again with a constitution based on a detailed Feinchas system updated to the 21st century.

    It is about this stage some wit pops up with 'de-de-dey used to sacherifice people back den, y'know'.... the usual middle ages snapshottery and limited imagination of the trained Irish peasant coming to the fore and unable to conceive of the ability to adapt and update anything native to the country.

    Banana to the first Irish peasant to splutter 'but that's OLD' in some way.... and unable to read the bit about updating for the 21st century.

    In short- my wish list would be a republic with direct democracy, local cantons with feinchas-based legal system and to hell with what Boston or Berlin want.


    Have spent my lifetime learning and trying to work the present system. It is familiar to many we trade with. I don't regard the development of a new system as a priority

  8. #38

    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Because you've spent a lifetime learning the current one? Do you have more or less faith in the current system now that you have spent a lifetime in it than when you started?
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  9. #39
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Because you've spent a lifetime learning the current one? Do you have more or less faith in the current system now that you have spent a lifetime in it than when you started?
    Yes I do

  10. #40

    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    let me re-phrase that. Do you think the system works and provides a sense of equity in justice in Ireland?
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  11. #41
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Captain Con O'Sullivan View Post
    let me re-phrase that. Do you think the system works and provides a sense of equity in justice in Ireland?
    Yes

  12. #42
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    After all the protocol. ''Her comes the Judge, all arise, bow and be seated'' it's a game of '' send in the clowns.'' Same everywhere.
    “Enlightenment must come little by little - otherwise it would overwhelm.” Idries Shah. http://en.wikipedia.org/wiki/Idries_Shah

  13. #43
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Shatter is to review the judicial appointments system.

    http://www.irishtimes.com/newspaper/...325680375.html

  14. #44

    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Which means a certain Israeli-flak Councillor in Dublin will be put forward as a District Judge
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

  15. #45
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    A Judge (not the one mentioned in the OP) loses it with defendent and shouts at him to "Shut up" a whole lot of times.

    http://www.youtube.com/watch?feature...v=oLbxiGqWSq8#!

    This is a public court hearing, so I can't see any reason why people should not see this youtube.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
    — Jean-Paul Sartre

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