Percy

[lupinlore]

No: HPFGUIDX 166064

--- In HPforGrownups at yahoogroups.com, "Ronin_47" <Ronin_47 at ...> wrote:
>The odd thing with Harry's case is that it was such an insignificant and misdemeanor
>event that it shouldn't have required a full court. It could've been tried in a mediation
>hearing. Nobody was hurt or killed and Fudge himself shrugged off Harry's blowing up
> his aunt two years prior. I'd like to know why Umbridge wasn't tried after she admitted
>to sending the dementors after Harry to begin with. I think that the full court worked to
>Harry's advantage though since honest and honorable voices like Amelia Bones were
>there to help keep things fair.


Well, I believe that Arthur himself expressed surprise and dismay that Harry faced the full court. He seemed to expect, even given the evident unfairness of the charge, that Harry would be dealing with some kind of magistrate's hearing.  I think we are meant to see this as an example of Fudge vastly over-reaching.  Certainly Arthur found even the magistrate's hearing he was evidently expecting greatly excessive.  Given the example of Harry's aunt, I guess we could infer that the usual way the Ministry would handle minor matters like this (i.e. where no real harm is done) would be to have an officer look into the
situation and then pass it on if need be, with most cases ending in the officer either dismissing the matter or at worst delivering a scolding.

The real key to the corruption here is that there is not separation of power and functions.  Fudge, the executive, is evidently in charge of the judiciary, at least in the case of Harry's trial.  He also brings the charges, thus creating a situation where the chief judge is also the prosecutor.  The courts in the WW seem to function as an appendage to the Ministry bureaucracy.  Which explains why Umbridge wasn't charged.  As JKR says, "she has contacts at the Ministry."  No bureaucracy investigates or polices itself effectively, if they manage to do it at all.

In other words, the best way to think of Wizarding Britain is as a reasonably well-functioning banana republic set alongside Modern Britain.  Which gets us into problems of why half-bloods and muggleborns put up with such things, but that is a continuing problem that strains credulity throughout the series.


Lupinlore