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The fundamental problem is that there is no separation of powers between the government and the judiciary as you might find in most (all?) modern democracies. T

The fundamental problem is that there is no separation of powers between the government and the judiciary as you might find in most (all?) modern democracies. The Crown Office and Procurator Fiscal Service (COPFS) acts as the governments lawyers and the prosecution service. Most of the accusers in the trial of Alex Salmond, for which he was acquitted on all charges, are close associates of the leadership of the Scottish National Party which are currently in power in the devolved parliament. The risks are clear and obvious.

1cvmask 5y ago
Isn’t that one of the definitions of dictatorships in other non-white countries according to neocon NGO/CIA/white savior class. The separation of powers that may exist de jure but no de facto when it comes to the power structure like in the US.
NovemberWhiskey 5y ago
I'm a bit confused by this statement about separation of powers. The function of a prosecutor is not a judicial function in the context of an adversarial legal system such as the common law.
- pjc50 5y ago
  Moreover, how is this really different from the CPS in the rest of the UK?
  - gadders 5y ago
    https://en.wikipedia.org/wiki/Crown_Prosecution_Service https://en.wikipedia.org/wiki/Crown_Prosecution_Service "The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute." So yeah, it's much more arms-length than Scotland.
- gadders 5y ago
  True, but I think choosing which cases to prosecute (or not prosecute) based on political expediency rather than weight of evidence could be the danger here.
  - NovemberWhiskey 5y ago
    The notion that (theoretically independent in either case) prosecutors who are part of the judicial branch rather than the executive branch are less likely to be influenced by political considerations is worth examining. I have real doubts it is valid.

1cvmask 5y ago

Isn’t that one of the definitions of dictatorships in other non-white countries according to neocon NGO/CIA/white savior class. The separation of powers that may exist de jure but no de facto when it comes to the power structure like in the US.

NovemberWhiskey 5y ago

I'm a bit confused by this statement about separation of powers. The function of a prosecutor is not a judicial function in the context of an adversarial legal system such as the common law.

pjc50 5y ago
Moreover, how is this really different from the CPS in the rest of the UK?
- gadders 5y ago
  https://en.wikipedia.org/wiki/Crown_Prosecution_Service https://en.wikipedia.org/wiki/Crown_Prosecution_Service "The Attorney General for England and Wales superintends the CPS's work and answers for it in Parliament, although the Attorney General has no influence over the conduct of prosecutions, except when national security is an issue or for a small number of offences that require the Attorney General's permission to prosecute." So yeah, it's much more arms-length than Scotland.
gadders 5y ago
True, but I think choosing which cases to prosecute (or not prosecute) based on political expediency rather than weight of evidence could be the danger here.
- NovemberWhiskey 5y ago
  The notion that (theoretically independent in either case) prosecutors who are part of the judicial branch rather than the executive branch are less likely to be influenced by political considerations is worth examining. I have real doubts it is valid.