Gecko Towers 15th September 2020
From the Ancient Greek concept of Democracy, to the tracts of the Talmud and contained in the leather bound tomes of an awe inspiring Law Library, the concept of The Law has been revered, respected, distrusted and hated in equal measure, particularly by those who are subject to its long arm.
An objective concept, The Law must be applied without fear or favour.
The concept of the Rule of Law is a simple one that seeks to limit the arbitrary use of power by those who have been entrusted with some level of authority. It must be reliable and consistent.
Over the years it has been used, certainly abused, but by those for whom anarchy is not a viable solution it has provided a yard stick, a measure of civilization. Gained through years of warfare, cajoling and compromise the outer limited of the application of Rule of Law have tended to be elastic intended to accommodate changes in society where popular will demands progress.
What the doctrine of the Rule of Law cannot stand, must not allow and we should resist with every fibre is a willingness to be subjectively convenient. To be moulded to suit a stance, a political position or a dogma. It is not available to be turned on or off as a gas tap. Above all, it is not a tool to be deployed in negotiation. Especially when those negotiations seen to be at either a standstill or, at best, progressing painfully slowly.
As a member of the Law Society, I receive on an almost daily basis updates expressing an increasingly staggering degree of indignation at the actions of the current holder of the title of Prime Minister in his dealings with the EU.
Exhibiting the traits of a lumbering baffoon and a graduate of the “they are my toys and I will take them away if you are all mean to me” school, this approach has ridiculed the name of the UK. In a petulant attempt to achieve a change in the policy of those who’ve already made crystal clear their strict guidelines, ripping up provisions of binding international treaty commitments is a new low. The condemnation has been vociferous and from friend and foe alike. This is not statesmanlike it is mugger diplomacy.
A current trend amongst my profession is wondering when, and not if, the Justice Secretary, Robert Buckland QC, will resign. He has chosen to fine tune his departure to a time when he finds the breach of Internationaloude Law by the current administration to be “unacceptable”. He’s a lawyer for God’s sake! What kind of breach of International Law by the UK government could possibly be acceptable. Similarly, his Irish counterpart has been quick in her condemnation soberly explaining that this action has “damaged trust” in the UK.
A scrape through the First Reading amid much House of Commons hostility and various resignations from his Ministry, the Prime Minister may have pushed his party faithful a little too far this time. After all, subverting the Rule of Law has rarely ended well for career politicians.
Should you be interested in discussing the legal process involved in buying a property in the Marbella region, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados are ready to help you.
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Please note that our posts are for general interest. They are no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
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