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Old 21st Jun 2014, 02:30
  #1982 (permalink)  
Creampuff
 
Join Date: Nov 2000
Location: Salt Lake City Utah
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Interesting Letter to the Editor of the Canberra Times dated 21 June 14:
Out of control
...
Harvard University legal historian Harold Berman wrote in his book Law and Revolution that bureaucratic administrative law is the greatest single threat to the Western legal tradition.

His thesis is that the Western legal system is the result of six revolutions (1) Papal; (2) Reformation; (3) English; (4) American; (5) French; and (6) Russian.

There is now a seventh: administrative law. It is universal. Administrative law is written by the executive and enforced by nearly autonomous bodies and agencies.

Administrative law judges, judicial officers and bureaucrats ... operate under the Napoleonic code: guilty until proven innocent at your own expense.

The constitution has been superseded by administrative law. The bureaucracies make the rules, not Parliament. All over the world bureaucracies have expanded their control over individuals, corporations and private institutions. Almost nobody understands this.

We have surrendered control over our legal system to administrative law judges and salaried bureaucrats. The state wins. Lawyers win. Bureaucrats win. State-accredited victimologies win. The rest of us lose.
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