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| Natura: | Recurso digital |
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Zenodo
2025
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| Accesso online: | https://doi.org/10.5281/zenodo.17534011 |
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Sommario:
- <p><strong><span lang="EN-US">Concise Academic Version</span></strong></p> <p><strong><span lang="EN-US">Claim 5 -</span></strong></p> <p><strong><span lang="EN-US">The Blind Spot of British Law: Judicial Criminalisation Without Realising It</span></strong></p> <p><span lang="EN-US"> </span></p> <p><strong><span lang="EN-US">Preventive criminalisation in the UK emerged through a structural blind spot.</span></strong><span lang="EN-US"> Civil and family judges were empowered to prohibit lawful conduct without recognising that they had entered the criminal and, in effect, legislative domain. Few observers have noticed that the core function of a preventive restrictive order is the imposition of criminal liability for conduct that is otherwise lawful, alongside the placement of the individual under administrative or social control.</span></p> <p><span lang="EN-US">What appeared to judges as a routine extension of protective remedies in family proceedings effectively transferred the power to create criminal law from Parliament into private civil hearings. Criminal liability, historically tied to statutory offences, now arises through individual judicial orders. Having escaped constitutional scrutiny, this mechanism gradually expanded beyond the strict marital context into broader social regulation — a “genie out of the bottle.”</span></p> <p><span lang="EN-US">The use of emotionalised, victim-centred language further obscured the inherently punitive character of these interventions. This unnoticed constitutional mutation enabled preventive punishment to operate within the legal system while remaining, paradoxically, legally invisible.</span></p> <p><span lang="EN-US">Through preventive civil and family orders, judges now exercise what was once Parliament’s exclusive power: to create fear and control behaviour. Each order transforms lawful conduct into punishable acts and imposes administrative control, effectively transferring the function of deterrence from the legislative to the civil judicial sphere. The social mechanism of fear, previously grounded in statutory law and procedural proof of harm, is now wielded by civil and family judges — a profound shift in the balance of legal authority.</span></p> <p><span lang="EN-US"> </span></p>