Tuesday, 8 November 2016
Power to Judges (not Parliament)!
In 1979 the Conservative manifesto promised to end the concession by which foreign men can use marriage to live in the UK. But Mrs. Thatcher's Government didn't keep its promise despite having a large majority. Therefore it's up to the judiciary to end this concession. It's clearly unjust that foreign men can deprive Britons of work and promotion through finding someone to marry. Moreover, the Equal Opportunities Commission led a vigorous campaign to defeat the Tories' policy. But the House of Lords determined on 7 July 1983 that the 1975 Sex Discrimination Act didn't apply to immigration control. Therefore the EOC spent public money illegally. Either British men can live in other countries through marriage or they can't. If they can then people in such a transnational marriage are privileged compared to couples in other marriages, because they have the great choice of being able to live in 2 countries. If British men cannot live in their countries then it is clearly unequal that foreign husbands can live in the UK.
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There are two types of British law: statutory law which is made by Parliament, and common law made by judges.
Lawyers usually say they only interpret the law, they don't make it. But in this year's BBC Radio 4 Reith Lecture (28 May) the judge giving the talk said "Judges have always made law."
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