Why do some people respond to social problems by supporting provisions that deny, in effect, the existence of the problem (“right wing”) while others insist on the recognition and resolution, by society, of all problems (“left-wing”).
It is a mystery, but it is rare to find anybody at either end of the spectrum who is a purist. The person of right-wing views tends to be very concerned that the problems of property owners be never denied by society, while sheer fatigue will reduce the enthusiasm of the most radical of left-wingers.
The UK Civil Procedure Rules (“CPR”) contain the averment that their aim, above all, is to deliver justice.
That claim alone is, or should be, sufficient to put one on one’s guard.
Sure enough, see HERE for a complaint at length about the deficiencies of the CPR. It is impressive in its argument from statistics, coupled with direct condemnation of “front-loading” of costs. The latter is of particular interest for Ireland. Only very recently our Rules Committee of the Superior Courts introuduced exactly such a provision. See HERE for my complaint about that change.
Where do these fashions come from? I cannot say myself; what is depressing is the absence of any method of having them reversed easily.
More to the point, there is never established, a feed-back mechanism, to confirm that the change is beneficial.
In Ireland, we lean to the Right (“radical or redundant”) rather than the Left.
In short, we sweep problems under the carpet.