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08 January 2021

Politicisation of the civil service undermines democracy and the rule of law

 Politicised civil service

 

 The rule of law cannot survive if you have a politicised civil service (never mind the other significant problems raised). Few people realise just how far that degenerative process has gone in Scotland since the SNP assumed the reins of government.
If I may quote briefly from my book on the subject:

"Immediately after the SNP got into power in 2007, it announced that it was going to change the name of the Scottish Executive so that both it and what was previously referred to as the Scottish Ministers became one entity called the “Scottish government”.
Announced initially as “re-branding”, it was made official when the Scotland Act was amended in 2012. The country is now run by a body officially known as the “Scottish Government/Riaghaltas na h-Alba”. This obscures the distinction between politically responsible ministers (responsible to parliament and the electorate) and politically neutral administrators (responsible to law for ethics and to minsters for policy). If they are still separate organisations, why do they have the same name? Who, outside the Edinburgh elite, understands the distinction between the Scottish Government/Riaghaltas na h-Alba and the Scottish Government/Riaghaltas na h-Alba?"

For further details, and much information on how the civil service was used to promote the SNP view of the 2014 referendum, and is still doing much they same thing, see "The Justice Factory: Can the Rule of Law Survive in 21st Century Scotland?" (Ian Mitchell, 2020)
It is not a party-political screed. The Foreword is written by Lord Hope of Craighead, ex-Deputy President of the UK Supreme Court and Alan Page, Professor of Public Law at Dundee, who is the author “Constitutional Law of Scotland”, the main reference work on the subject, has written an Introduction to Part II.
This is an as yet untold story, but a very, very important one if the British state is to survive with the ideals it has embraced about civic government roughly since the Act of Union, of which the main one is the rule of law, at the centre of which is the principle of the separation of powers. The Scottish nationalists want to undermine that in order to establish a form of populist absolutism in Edinburgh. Now is the time for all good folk to come to the aid of the country and of course democracy. Without the rule of law, that is a dead letter.
Details of the book here: https://www.amazon.co.uk/dp/1981993401?ref_=pe_3052080_397514860

 


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