Law, Human Rights and democracy in the Wizarding World

[pigwidgeon37]

No: HPFGUIDX 31032

Hi all,

having searched the archive following our admins' instructions, I 
didn't get any result for the keywords "wizard law" and "wizarding 
law"- although I don't quite understand it, the topic *was* brought 
up, I remember it clearly. Desperation reigns. Anyway, I'd like to 
share a few thoughts on this subject that has been nagging me for 
quite a long time.

Seemingly, the British wizarding community has one single institution 
that covers most of the many functions of institutions, authorities 
etc. known and required by the constitution in a democracy. 
The Minister of Magic and his Heads of Departments correspond to a 
Muggle Prime Minister/Federal Chancellor and his government. There is 
a department for International Magical Cooperation (Muggles' Ministry 
for Foreign Affairs), a Department of Magical Law Enforcement 
(Ministry of Interior Affairs, Home Office for the Brits) etc.etc.

But it seems that the Minister does not only have the duties (and the 
power) of a Prime Minister, but also those of a president, i.e. for 
example representing his country toward other countries (thinking of 
the QWC- Fudge and the Bulgarian MoM).

So far, this wouldn't represent a particular problem, but things get 
a bit more difficult when we turn our attention to the legislative 
body (parliament), which is blatantly absent. Now, there must be such 
a thing as magical law, because there is a Magical Law Enforcement 
(an analogon to Muggle police), and you can't enforce a law that 
doesn't exist. 
Throughout the 4 books, the reader only gets glimpses of things 
forbidden: Hagrid isn't supposed to do magic, because he isn't a 
fully trained wizard; underage magic outside Hogwarts isn't allowed; 
to charm Muggle artefacts is a minor offence, but for a ministry 
employee it has disciplinary consequences and the artefacts are 
confiscated while the perpetrator is fined; the use of certain curses 
can get you a life sentence in Azkaban, just to mention a few of 
those rules that come to my mind without a more thorough research. To 
say nothing of Dark Magic, for the detection of which there is even a 
special force within the Ministry, namely the Aurors who could be 
compared to Muggle Intelligence.

And things get downright scary, at least for someone who has grown up 
in a democracy and sticks to its values, when it comes to 
jurisdiction: There are no independent courts in the British 
wizarding world. Not only that, but the person who in Muggle terms 
would be the Minister of Interior Affairs (Crouch Sr.) acts as judge 
AND public prosecutor in a trial where life sentences to Azkaban are 
at stake. Not to mention that the defendants don't even have a lawyer 
but must defend themselves. 

Evidently, Montesquieu's thoughts haven't reached the wizarding world.

What remains unclear, at least until now, is who *makes* the law- it 
wouldn't come as a surprise if it was the minister plus the Heads of 
Departments. OTOH, there are some hints at magical law being more of 
an international item- like the various regulations concerning 
magical creatures, for example. Anyway, this doesn't change much, it 
only poses the same problem on a higher level: Who represents the 
various countries in those international councils? Most probably the 
respective Ministers of Magic.

Which brings us inevitably to the conclusion that the three powers of 
legislation, executive and jurisdiction are by no means separated, 
but concentrated in one single institution: The Ministry of Magic. In 
terms of Muggle political science, this means just plain 
dictatorship. In the light of these reflections, the idea of 
Cornelius Fudge as Minister of Magic after Voldemort's comeback makes 
my stomach turn. Unless there is some, yet unmentioned, independent 
Council of Sages who can step in to prevent the worst, Fudge and his 
Heads of Department simply have too much power for anybody's good.

Any thoughts???
Susanna/pigwidgeon37