Profession's leaders mark Justice Week

The Dean of the Faculty of Advocates and the President of the Law Society of Scotland have marked the start of Justice Week (24-28 February) with a joint newspaper article setting out what justice means to them.

The aim of Justice Week, first held in 2018, is to improve access to justice by boosting the profile of justice and the rule of law, placing them at the centre stage of public and political debate.

Writing in the Scotsman, the Dean of Faculty, Gordon Jackson QC, states that ultimately, justice depends on "three vital components: an independent legal profession, a truly independent judiciary, and genuine access to justice".

Just as no one can be above the law, Mr Jackson states, so no one can be denied the protection of the law: "the right of everyone to a fair trial is absolute" – which is the answer to the challenge, how can you defend apparently bad people?

Applauding the independence of our judiciary, Mr Jackson says he meets people from other countries "who find it hard to believe that brown envelopes are unknown and no amount of money will influence a judge. But it is true, thank goodness".

But rights would be meaningless if they cannot be exercised, and we are fortunate in having a legal aid system which, although far from perfect, "is better than any other I have found": we must be "vigilant" in seeing that does not change.

For Society President John Mulholland, justice means much more than the court setting: "Having a sense of justice is core to who we are as people."

In a justice system, he continues, we are "trying to recreate on the largest scale what we instinctively feel to be right, even as young children". 

A just and fair society has to be right for all of us, not just most of us, and that is "incredibly difficult to achieve". 

Mr Mulholland observes: "I suppose when we are perfect justice will be perfect, but for now we must continue to strive for improvement, to re-evaluate what we do, to fine the gaps and inconsistencies so our system serves all of us."

Justice, he concludes, is about "ensuring that we value the right things in the right way".