On Dumbledore's extralegal actions. WAS Re: Who is Harry's guardian?

[a_svirn]

No: HPFGUIDX 158363

> Carol:
> Granted, Dumbledore made this decision prematurely, but his 
question
> to Hagrid ("No trouble, was there?") when Hagrid tells him where he
> got the motorcycle indicates that he suspected Black of being the
> traitor and that keeping Harry from him was essential (in his view)
> for Harry's safety, as was the blood magic, which would not work if
> Harry were in Black's keeping even if Sirius Black were in all 
other
> respects a suitable guardian. IMO, Dumbledore, as head of the
> Wizengamot, was within his rights to place Harry's welfare above 
the
> wishes of his parents, who could not have anticipated the exact
> circumstances of Harry's situation.
> 
>
a_svirn:
First, the Wizengamot is not the executive branch of the government. 
The Ministry for Magic is the institution which is concerned with 
carrying out the laws and judicial sentences. The Wizengamot works 
as convocation of the wizarding community's most influential 
members, and it combines both legislative and judicial functions. In 
its capacity of the high court it works as a board of judges. Which 
means that Dumbledore couldn't render a verdict overturning the 
terms of the Potters' Will all by himself. He would have to summon 
the whole jury for that.

Second, if any such verdict were rendered it would be the Ministry, 
possibly, the Law Reinforcement Department's officials who would be 
charged with carrying out this decision. The fact that Dumbledore 
sent Hagrid to do it means that he acted in his capacity of the head 
of the Order of the Phoenix. In other words, quite outside the 
province of law.