Skip to main content

Have we "jumped the shark" with over-regulation?

 "Rule of Law" now imperilled by too much law

Glenn Reynolds has recently linked to an article by David French entitled "David Gregory and the Decline of the Rule of Law".  In it French asks:

"Can we even speak of the rule of law as a meaningful concept when we combine an explosive regulatory state with near-absolute prosecutorial discretion?”

This link appears as part of seemingly growing series of cross linkages that Reynolds is apparently accumulating for an imminent scholarly piece he says he is putting together on the theme "Due Process When Everything is a Crime".

In the western world we are now not just drowning in a sea of over-regulation from our over-zealous legislatures and bureaucracies. It seems that as well our law making institutions are bizarrely indifferent to the fate that its citizens labour under in the vast byzantine morass of freedom depleting strictures and criminalised triviality we now live with. But society may well have already unconsciously reached the point when the Rule of Law is, for all practical purposes, a laughably theoretical concept ignored as a guiding principle by the majority of the populous. It seems almost trite to observe now that most citizens implicitly recognise the inevitability of committing inadvertant breaches of the law in any ambitious project (opening a business?) or even in doing mundane ordinary human activities (driving a car?).  The Rule of Law, formerly one of the cornerstones of our civilization, may now have been subtlety and insideously replaced by a new dominant paradigm: Do What Can You Get Away With.

We await an event that will crystallise this pre-existing community consciousness and which catches the popular imagination. It seems plausible to envisage some popular form of social media catching fire with indignation at some innocent celebrity prosecuted for some trifling indiscretion, prompting the mass market media to create a cause celebre. If this does finally happen maybe then we can say our modern democracies have "jumped the shark" on over-regulation. We may then have reached the moment, as when the Fonz water ski jumped over a shark in Happy Days, when we can openly acknowledge that the decline in quality is beyond recovery.

There is still a remote hope that, if such a "shark jumping" event ever occurs, from amongst the countless pointless criminal prosecutions, the citizens of the western world may see and acknowledge the folly of what we have wrought with the criminalisation of nearly all conduct. Maybe then we will then have the political conditions in which a serious effort can be made to wind back and seriously reduce the absurd volume of ours laws and regulations.

We might be waiting for a while for that though. It requires brave politicians.

Comments

Popular posts from this blog

Michael Jackson, martyr ?

. Someone has to die for their beliefs to be a martyr . Drudge pointed to headlines last Friday saying that Jackson's was a " Death by Showbusines s". So in the sense that Jackson seems to have died for his belief in celebrity, yes, he might be called a martyr. I never got Michael Jackson. Thriller didn't thrill me at all ( Now Noel Coward, that's another story ). But I did get a bit of a kick from seeing others get him. He was boppy and catchy and slick, as well as monumentally fluffy and hugely impaired. What I struggle with is the apparently massive consequentiality of fluffiness and impairment like Jackson's. What is the fuss about the passing of a semi-talented song and dance weirdo from decades past? Boris Johnson, the London Mayor, has had a stab at explaining it to we mystified souls who struggle to get with the programme. He reckons it's just like Princess Di. And I agree, to the extent that I was almost as unprepared for and dumbfounded by th

Rugby bureaucrats, Stalin's spawn?

In recent weeks two larger than life Rugby players have experienced the tyranny of justice in a universe even more capricious and hostile than their sport: the world of sports officialdom. First Bakkies Botha , the great and brutal Springbok second-rower, got a raw deal from some small minded and ignorant Rugby officials. They banned him for a couple of matches over an incident that any disinterested rugby fan will tell you happens at nearly every ruck in every game of rugby: the clean out. The Springboks protested this dumb decision by each Springbok player wearing an armband saying "JUSTICE 4 Bakkies" at the following Test match against the British & Irish Lions in Jo'berg. And now the Springboks themselves have been cited by the International Rugby Board for "bringing the game into disrepute" and breaching the "IRB Code of Conduct" by questioning the disciplinary rulings of IRB sanctioned bodies. From little stupidities, big stupidities grow

Will Ray Finkelstein's statutory "News Media Council" enable a totalitarian state?

" The fight for freedom begins with free speech " Aung San Suu Kyi, The Observer, Sunday 11 March 2012 Aung San Suu Kyi was not saying this specifically in response to the report published 11 days earlier by the Honourable Ray Finkelstein QC on 28 February 2012 of his "Independent Inquiry into the Media and Media Regulation", but she could have been. Mr Finkelstein says in his report to the Australian Federal Labor government, who commissioned it, the following: 11.44 To rectify existing and emerging weaknesses in the current regulatory structures it is recommended that there be established an independent statutory body which may be called the "News Media Council", to oversee the enforcement of standards of the news media. ... 11.55 The News Media Council requires clearly defined functions. It is not recommended that one of them be the promotion of free speech. There are other ample bodies and persons in the community who do that more than adequ