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Harry Potter Statutory Laws Analysis

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Harry Potter’s world is fascinating and different from the muggle world, but upon further analysis, shares similarities that are not all that surprising. While this world amazes the reader, as the story progresses the Ministry of Magic becomes a government that seemingly fails to protect its citizens. A society that has no government outside of bureaucracy, virtually no free press, and no public elections. In her book, The Politics of Harry Potter, Bethany Barratt states that a legal system needs four attributes to be considered effective: A clearly defined system of laws, reliable ways of determining how and when someone has broken a law, proper means of adjudication for the accused, and a punitive or fair system of consequences for those …show more content…

Customary law is “traditional common rule or practice” that is not an actual part of official legislation. One of these, for the wizarding world, is not using magic to coerce or cause harm. Statutory laws are created by a legitimate, legislative body and can be reinforced. Examples of statutory laws are, the International Statute of Secrecy, the Decree for the Restriction of Underage Sorcery, various treatises and the laws against the Unforgiveable Curses. Statutory laws are enforced throughout the series because they come directly from the Ministry of Magic and even though they do not come from a legislative power they are clearly defined and it is those laws that define if the Ministry has an effective legal …show more content…

The adjudicating body or judicial branch in the Ministry of Magic is the Wizangemot. Prior to the fifth book, Harry views watches trials through Dumbledore’s pensieve and witnesses a court that is incredibly powerful and separate from the ministry. Once Dumbledore supported that Voldemort returned, he subsequently was ousted out of the position of chief warlock and the ministry takes control. The Wizengamot in the Order of the Phoenix is controlled by Fudge, intertwining it to the legislative actions, executive power, and judicial decisions. Although lawyers specifically are not mentioned, the Charter of Rights provides the defendant the right to call witnesses and have another wizard represent them. The defendants can also modify their memories and claim to be under the imperius curse, which are deceptive and hinder the development of the truth and justice. It is under the proper means of adjudication need, where the ministry begins to fail in being considered effective, under Bethany Barratt’s view. For not only does the ministry fail in adjudicating certain issues at all, it also can be incredibly biased and unfair, and Harry Potter is the perfect

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