Speech by Lord Justice Gross: RAF Legal Services Conference – Judiciary of England and Wales

Posted September 22nd, 2014 in armed forces, international law, interpretation, judges, legal services, news, rule of law by sally

Speech by Lord Justice Gross: RAF Legal Services Conference (PDF)

RAF Legal Services Conference, 18th September 2014

Source: www.judiciary.gov.uk

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Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

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Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

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New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

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Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

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Religion, the Rule of Law and Discrimination – Gresham College

‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’

Transcript

Gresham College, 26th June 2014

Source: www.gresham.ac.uk

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You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

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UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

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Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

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Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

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The debate over British values and human rights – whose Magna Carta is it anyway? -

Posted June 18th, 2014 in equality, human rights, magna carta, news, rule of law by sally

‘This Monday (16 June) was Magna Carta Day. It is now less than a year until the 800th anniversary of the sealing of England’s oldest charter of rights, and one of the world’s most influential legal documents.’

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Legal Week, 18th June 2014

Source: www.legalweek.com

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Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

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UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

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Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls

Posted June 11th, 2014 in Christianity, magna carta, rule of law, speeches by sally

Magna Carta, Religion and The Rule of Law (PDF)

Speech by Master of the Rolls

Temple, London, 7th June 2014

Source: www.judiciary.gov.uk

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Andrew Le Sueur: Imagining judges in a written UK Constitution – UK Constitutional Law Association

‘The tide of interest (among those who care about these things) in the idea of a written, codified constitution for the United Kingdom rises and falls. At the moment the tide is quite high, but certainly not high enough to flow into the estuaries of government policy making.’

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UK Constitutional Law Association, 14th May 2014

Source: www.ukconstitutionallaw.org

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Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

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UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

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The Judiciary: The Third Branch of the State – Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

Posted April 9th, 2014 in armed forces, judiciary, news, rule of law by sally

The Judiciary: The Third Branch of the State (PDF)

Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

RCDS Lecture, 3rd April 2014

Source: www.judiciary.gov.uk

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Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent

Posted March 24th, 2014 in codes of practice, islamic law, Law Society, news, rule of law, solicitors, wills by sally

‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’

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The Independent, 23rd March 2014

Source: www.independent.co.uk

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Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

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UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org

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Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

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Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

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Perspectives on the Criminal Justice System – Speech by Lord Justice Gross, Senior Presiding Judge

Posted March 19th, 2014 in criminal justice, judiciary, rule of law, speeches by tracey

‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’

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Judiciary of England and Wales, 19th March 2014

Source: www.judiciary.gov.uk

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Avoiding the nuclear option: the EU moves to strengthen the rule of law – UK Human Rights Blog

Posted March 18th, 2014 in consultations, EC law, human rights, news, rule of law by tracey

‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’

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UK Human Rights Blog, 17th March 2014

Source: www.ukhumanrightsblog.com

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The disturbing conflict of interest at the heart of British justice – Garden Court Chambers

‘Today, lawyers go on strike for the second time since January. The battle is with the Lord Chancellor, Chris Grayling, over his proposed reforms to legal aid. Strike action, from a generally traditional and conservative profession, is all but unprecedented and threatens to bring the criminal justice system to a halt. What has brought relations between the legal profession and Mr Grayling to this pitch?’

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Garden Court Chambers, 7th March 2014

Source: www.gclaw.wordpress.com

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Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by tracey

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

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Bingham Centre Review into Streamlining Judicial Review Published – Blackstone Chambers

Posted February 24th, 2014 in civil procedure rules, judicial review, news, reports, rule of law by sally

‘Last October the Bingham Centre for the Rule of Law established a Review to consider and report on possible ways of improving judicial review procedures in the Administrative Court, to save and protect public funds, in a manner consistent with the rule of law.’

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Blackstone Chambers, 19th February 2014

Source: www.blackstonechambers.com

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