Balancing the State and the Individual

The Libertarian Party is aware that for many people the State is an unfeeling unresponsive animal especially when things go wrong.

The NHS, HMRC and others are state institutions where state employees enjoy virtual entrenched immunity from prosecution other than by the very rich.

This has lead to declining standards of civic behavior.

The Libertarian Party is committed to –

• Making Misconduct in Public Office a statutory offence.
• This proposal was killed off by Jack Straw on 9th December 2008 as Minister of Justice. Misconduct in Public Office is still a common law
offence, but with high walls to overcome to bring charges against a corrupt and incompetent public servant.
http://lawcommission.justice.gov.uk/areas/misconduct.htm
http://www.parliament.uk/documents/commons/lib/research/briefings/snpc-04909.pdf

• State Compensation for those injured by the State
• Ensuring the State makes compensation to the individual by implementing the Law Commission Report on Administrative Redress: Public Bodies and the Citizen
http://lawcommission.justice.gov.uk/docs/lc322_Administrative_Redress.pdf

• Restoring the impeachment process for public servants that abuse their position including Ministers of State.
• There will be an ‘recall’ system for MP’s whose standard of behaviour brings the institution into disrepute on a local referendum

The Libertarian Party will establish local tribunals or Ombudsmen made up of lay citizens elected to the position with a legal advisor to assist to ensure that complaints about public servants and public bodies are heard quickly. Each complaint to be heard with six weeks before referring to a Judge to decide whether the CPS will be directed to prosecute on the citizen’s behalf.

BALANCING THE STATE AND THE INDIVIDUAL (pdf)

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