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personal bribery, does not exist. Rather, the spur to action is a desire to uphold the system, and those who do the work 130 The New Totalitarians are frighteningly free of human weaknesses, at least where public duty is concerned. Public reassurances about the quality of Swedish justice appear from time to time, as if in answer to deep and genuine doubts. For example, after the conclusion of the murder trial mentioned above, the press treated as a sensation (which it was) the discharge of the accused in so serious a case. ‘It proves,’ wrote Dagens Nyheter, a leading Stockholm newspaper, ‘that the <a href="http://www.thenikes.com"><strong>nike shox R4</strong></a> rule of law is safe in Sweden, and that we have the best legal system in the world.’ It is almost superfluous to point out that a statement of that nature has its roots in a sense of insecurity. Doubtless this has much to do with the functions of the legal profession. As soon as a buy mbt shoes suspect is committed for trial, his relations to his attorney change. Until that moment, they work together in the familiar manner to avoid conviction. Afterwards, the lawyer is required by his instincts and professional ethics to help the prosecution in guaranteeing smooth proceedings. Once a case comes into court, the duty of the Swedish criminal lawyer lies in coaxing his client to confess. There was a well-known legal practitioner in Stockholm, much respected, who mbt stockists was frequently employed on this errand. It would sometimes happen that the lawyers engaged in legal aid found difficulties in persuading their clients to plead guilty. The judge would then suggest that their celebrated colleague take over. The court would adjourn, and within a short while the necessary admission of guilt would be forthcoming. A newspaper once published a tribute to him, including interviews with Cheap mbts former clients. They had all been convicted. ‘He was a good fellow’, one of them was quoted as saying. ‘The judge got a bit shirty, and I thought I’d better take another lawyer, so I took him instead. “Well, we had a few words, and he soon showed me there wasn’t any point in fighting. I didn’t believe the other one, see? But with him, it was different. So I pleaded guilty, and that was that.’ Judiciary and Ombudsman 131 It is worth remarking that, although almost all this man’s clients had been convicted, he was not an incompetent mbt shoes australia lawyer in Swedish eyes. In the same way, skill in obtaining discharges would not necessarily distinguish the accomplished lawyer. Even to the average man, it is the mark of the good lawyer that he makes the system work. The fate of his clients is a secondary consideration. Under these circumstances, it is understandable that in Sweden the man of law is considered, not as the guardian of personal liberties, but as an agent of the State. As the Swede will accept most political burdens, provided they are dressed in suitable economic clothes, so he will submit to official impositions as long as they follow the letter of the law. His concept of justice is that of legality. To him, right or wrong depend not on a sense of equity, but on conformity with rules and regulations. Whether he is prepared to criticize an official act depends not on its moral propriety, but on whether it is consistent with a governmental rescript. For that reason the lawyer is regarded chiefly as an interpreter of legal mbt uk texts. He is not (and this is a vital distinction) generally expected to manipulate the law to benefit his client, but to interpret legislation so that the intention of the State is clear. To exploit a legal loophole is considered vaguely immoral. The public prosecutor of Gothenburg once castigated a certain lawyer for doing so in a matter of exporting foreign currency. He did not deny that the law was badly drafted and that the loophole existed, but he reproached the man for daring to take advantage of it. ‘He has broken the spirit of the law,’ said the prosecutor in a newspaper interview, <a href="http://www.thenikes.com/index.php?main_page=index&cPath=117_131"><strong>N ike Shox Torch Shoes</strong></a> ‘he is a traitor to his country. The mbt duty of a good citizen is to follow the general intentions of the legislators, and not to get round the law by playing tricks with cheap mbt shoes the details.’ The Ombudsman is a good example of the interpretative function of the legal profession. It is a common fallacy that the Ombudsman was created to defend the rights of the 132 The New Totalitarians citizen. His original function was to exercise parliamentary supervision of the civil service, seeing that it observed its own rules, which is a rather different thing. It will be recalled that the 1809 constitution, in giving the executive great independence of the legislature, also sought to apply a check to the administrative machine by giving the Diet a limited insight into the bureaucracy. It was done through the establishment of the office of the Ombudsman. mbt shoes clearance His full title is Riksdagens Ombudsman – the Parliamentary Agent. That exactly explains his function. He is the delegate of the legislature in the supervision of the administrative machine, and a substitute for parliamentary responsibility. In the beginning, he was, as his name implies, a strictly parliamentary agent, acting for the Diet among bureaucrats. His concern was not to prevent injustice to the citizen, but to assert the rights of the legislature. The two were not necessarily identical. A private citizen could not complain to the Ombudsman, nor could a single Diet member, but only the legislature as a body. It was only about three-quarters of a century after the creation of the office that the Ombudsman was permitted to consider individual complaints from the general public. But even in his modern form, the essential duty of the Ombudsman remains that of ensuring that civil servants observe their own rules and regulations. The Ombudsman is elected by the Diet, but the rules and regulations whose enforcement he checks are the creatures of mbt discount administrative, not parliamentary, law. That says a great deal about the constitutional division of powers; the subordinate nature of the Swedish legislature emerges from his limitations. The Ombudsman is unable to reverse official decisions or countermand orders; he is only empowered to reprimand delinquent functionaries. He is no impediment to the supremacy of the administrative machine, but he makes sure that due form is observed. In fact, most complaints received by the Ombudsman boil down to a need for assurance that the Judiciary and Ombudsman 133 rules have been followed. Almost all the opinions he hands down are demonstrations that this is the case. <a href="http://www.thenikes.com/index.php?main_page=index&cPath=115"><strong>Nike Sandals</strong></a> And practically without exception complainants are satisfied, even if their suits are dismissed, since they have been reassured that the forms have been observed. It rarely occurs to anyone that perhaps the rules ought to be changed. To the Swede, the Ombudsman is an office of tremendous importance. It is a surrogate for all other personifications of justice. Both the judiciary and the legislature lack that attribute mbt in Swedish eyes, being merely administrative instruments. A Swede does not look to the law for protection; he would never in his wildest dreams consider approaching his Diet representative for the restitution of a wrong. He looks instead to the Ombudsman, who combines the image that in England belongs to the judge and the M.P. and in the United States to the Congressman and the constitution. As in extremities of injury or dudgeon, the Englishman will cheap mbt appeal to the courts or approach his M.P., so will the mbts outlet Swede complain to the Ombudsman. Indeed, in Swedish, the Ombudsman is often referred to as a ‘wailing wall’. It is an extremely apposite description. The value of the Ombudsman is not in what he does, but that his existence by itself is a comfort. The fact that he is there to receive complaints seems by itself to be a guarantee against abuse. He is invested with a kind of mystic reverence; he is a judicial fetish. There is a danger inherent in an institution of this nature. People will not be disposed to guard their own rights, because they assume that the Ombudsman will do so for them. He has turned into a standing alibi for the government; as long as he is there, it is felt that all measures must necessarily be right and just. Paradoxically, this is encouraged by the so-called ‘publicity principle’ of the Swedish administration, by which official documents are open to public scrutiny. mbt shoes Even if this is circumscribed, officially by restrictions where national security is concerned (which makes papers on defence and 134 The New Totalitarians foreign affairs inaccessible), and unofficially by keeping matters out of the formal records, there nevertheless remains a considerable body of material that is open to the public. Outside Scandinavia there is nothing comparable. In most countries, official secretiveness generates public suspicion, so that the authorities have to tread warily. But in Sweden the attitude is that, since the State is open, there is nothing to watch. The government can act more or less with impunity like the men in G. K. Chesterton’s The Man Who Was Thursday, who plotted to destroy the world on a balcony overlooking Leicester Square, waving to the passers-by. Frankness generally pays. Any suspicion still falling on the authorities is allayed by the presence of the Ombudsman. As a result, administrative abuse is no less, and subservience to the authorities is considerably greater, than in the West. Lulled into complacency by the thought that their institutions, by their very existence, provide a defence against official imposition, the population are induced to drop their guard. Mr Bertil Wennergren, the assistant Ombudsman, admits that this is so: ‘I think you will find that the Swedes prefer to “drop their guard”,’ he says, ‘since it makes cooperation much easier, and mbt clearance therefore society functions better. Under the Anglo-Saxon system, where everybody is on guard, opposition is greater, and society does not function so well.’ 7. The Rule of the Apparatchik As a result of the corporate nature of <a href="http://www.jolintsai.net/forum/viewtopic.php?p=1033924#1033924"><strong>Classic Retro Air Jordan 1 for Sale | Fresh Articles about Anything</strong></a> Sweden, political power is extraordinarily penetrative. Power in this version means not only dominion over the machinery of State, but also direct mastery of the citizen. And power, concentrated in a few points and among mbt lami a few men, is not difficult to appropriate. Since it is to be found within the confines of the bureaucratic establishment, he who possesses that monolithic institution possesses the country. With the years, the Social Democrats mbt have acquired possession of the bureaucratic establishment, their private bureaucracy infiltrating the civil service to foster a mechanism of government that by-passes the parliamentary process. The road to power lies, not through the Diet, but in the bureaucracy. The real master of Sweden is not the political campaigner or the parliamentary debater, but the man who knows how to manipulate the bureaucratic machinery. It is the type known in the Soviet Union as the apparatchik, the mbt shoes discount man of the apparatus. Since the party has enveloped the State, it is the party apparatchik who is the ruler of the country. Party is perhaps a misnomer; more correctly it is the Labour movement. This is a huge, variegated organization which, in its control and penetration of society, resembles the Soviet Communist party and, in its desire to be all things to all men, is like the Catholic Church RSS feed © 2011 Internet Marketing Articles
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