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02 February 2018 / David Locke
Issue: 7779 / Categories: Opinion
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Time to rebalance the scales?

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David Locke warns against the rush to abandon due process

If justice is a moveable feast, then due process is the only protection for individuals against the volatility of public opinion and those who depend upon popular support for their authority. We would do well to remember that in every real and imagined dystopian nightmare, it is the removal of due process which paves the way for the imposition of authoritarian control.

Defining justice

What is justice? Once you think you have a definition, contrive a hypothetical situation and put it to 12 of your peers. Ask them to explain what they consider would be a just outcome. Do this individually so there is no peer pressure and the chances are that you will get 12 different answers. At that point, noting the temptation to simply substitute your own judgment in the matter, return to the opening question and ask yourself once again: what is justice?

The exercise might persuade you that justice is just a mirage, always shifting gently and out of reach. If it is not that, it might be said to

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

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Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

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