police; independence; colourability; colorability; discretion; managerialism; rule of law
This paper presents a commentary on the idea of independence of the police, arguing that notions of independence are complicated considerably when the reality of police discretion is taken into account. The notion of colourability is identified as central (where goals not unlawful in themselves are pursued for unlawful reasons - eg. to vicitimize one's political foes) as is the possibility of police powers being deployed lawfully in the strict sense, but in a fashion that is nonetheless constitutionally improper.
W Wesley Pue, "Criminal Jumping On and Off the Curb - Discretion and the Idea of an Impartial and Independent Police Force" (2007) [unpublished].