Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain – UK Constitutional Law Association

‘This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them roughly according to the way they come out in his piece. I then examine each in greater detail giving my own views. Finally, I will conclude with some general points about constitutionalism and individual cases.’

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UK Constitutional Law Association, 18th September 2017

Source: ukconstitutionallaw.org

Michal Hain: Guardians of the Constitution – the Constitutional Implications of a Substantive Rule of Law – UK Constitutional Law Association

Posted September 12th, 2017 in constitutional reform, news, rule of law, statutory interpretation by tracey

‘A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC 51 and R (Evans) v Attorney-General [2015] UKSC 21 are the beginning of the end of the principle’s unrivalled reign. Two especially thorny constitutional issues arose in both cases. One concerns the extent to which statutory interpretation can be used as a tool to resolve conflicts between cherished constitutional values (such as the rule of law) and the explicit wording of a statute. Just as importantly, a distinct question of constitutional interpretation arises with regard to deriving meaning from such values; in other words, how are courts to determine what the “rule of law” in fact demands? What is at stake in this second debate is exemplified by the controversy surrounding the doctrine of substantive due process in the constitutional law of the United States. Whilst it is clear that UNISON and Evans embody a forceful judicial response in the face of inroads on the rule of law, it is less clear what approach courts will take to interpreting constitutional principles in the future.’

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UK Constitutional Law Association, 12th September 2017

Source: ukconstitutionallaw.org

Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian

‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’

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The Guardian, 22nd July 2017

Source: www.theguardian.com

Speech delivered by the Lord Chancellor at a HM Judges’ dinner at Mansion House – Crimeline

‘Speech delivered by the Lord Chancellor at a HM Judges’ dinner at Mansion House, 6th July 2017’

Full speech

Source: www.crimeline.info

The UK Jurisdictions After 2019 – Sir Geoffrey Vos, Chancellor of the High Court

The UK Jurisdictions After 2019 (PDF)

Sir Geoffrey Vos, Chancellor of the High Court

Lecture to the Faculty of Advocates, 20th June 2017

Source: www.judiciary.gov.uk

Lionel Cohen Lecture by the Lord Chief Justice: The judiciary within the state – governance and cohesion of the judiciary – Courts and Tribunals Judiciary

‘Lionel Cohen Lecture by the Lord Chief Justice: The judiciary within the state – governance and cohesion of the judiciary.’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

Neuberger: “Barristers increasingly shunning judicial careers” – Litigation Futures

‘If a career on the bench is not made more attractive financially, the rule of law could be undermined, and with it lucrative industries vital to post-Brexit economic prosperity, the departing president of the Supreme Court has warned.’

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Litigation Futures, 24th February 2017

Source: www.litigationfutures.com

Why The Rule Of Law Matters More Than Ever – RightsInfo

Posted February 22nd, 2017 in human rights, news, rule of law by sally

‘Lord Neuberger, the Supreme Court president, has warned that coverage of the Brexit case risked undermining the “rule of law”. He was referring to criticism by some tabloid newspapers of the three judges involved in the Article 50 case, including one headline that branded them “enemies of the people”. In this article, we look at the meaning of this important concept and how, combined with a healthy dose of human rights, the rule of law is both a cornerstone and strengthener of the modern liberal democracy we live in today.’

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RightsInfo, 19th February 2017

Source: www.rightsinfo.org

UK legal academics urge PM to cancel Donald Trump’s state visit – The Guardian

Posted February 16th, 2017 in freedom of expression, legal education, news, rule of law, teachers, universities by sally

‘Theresa May has been urged by 250 legal academics to cancel Donald Trump’s state visit and scale back Britain’s support for the US until he reverses his positions on immigration, refugees, torture, climate change and judicial independence.’

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The Guardian, 15th February 2017

Source: www.guardian.co.uk

Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment? – UK Constitutional Law Association

Posted November 21st, 2016 in human rights, judiciary, news, parliament, rule of law by sally

‘As has been stated by several commentators, in the aftermath of Miller v Secretary of State for Exiting the EU the attacks made on the judges in the media severely threaten the independence of the judiciary, and come close to outright intimidation. Chief among these critics is, of course, Nigel Farage, leading light of the UK Independence Party. The particular focus of his populist critique of the judiciary is worth taking seriously, as it indicates the challenges the rule of law may be facing in the years to come, as we adjust to the new post-Brexit, post-Trump, populist environment.’

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UK Constitutional Law Association, 18th November 2016

Source: www.ukconstitutionallaw.org

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

Posted October 7th, 2016 in devolution, EC law, legislative drafting, news, parliament, referendums, rule of law by tracey

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

Full paper

UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

Tax avoidance sanctions proposals “threaten rule of law” – Legal Futures

‘Government proposals to clamp down on tax avoidance by targeting advisers with sanctions if HMRC successfully challenges a scheme further blur the line between evasion and avoidance, and “threaten the rule of law”, according to a prominent tax lawyer.’

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Legal Futures, 18th August 2016

Source: www.legalfutures.co.uk

Bar Chairman says Lord Chancellor is critical to our economic wellbeing – The Bar Council

Posted July 25th, 2016 in barristers, judiciary, lord chancellor, news, rule of law by sally

‘Chairman of the Bar, Chantal-Aimee Doerries QC, welcomed the first woman Lord Chancellor, The Rt Hon Elizabeth Truss MP, at her swearing in ceremony.’

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The Bar Council, 22nd July 2016

Source: www.barcouncil.org.uk

We ignored the rule of law – the result was Iraq – The Guardian

‘By acting in defiance of the UN charter, as I warned when I was a Foreign Office lawyer in 2003, we put our reputation at risk. So it has proved.’

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The Guardian, 7th July 2016

Source: www.guardian.co.uk

Sharia law review issues call for evidence – Home Office

Posted July 6th, 2016 in evidence, Islam, islamic law, press releases, rule of law by Mark L

‘Individuals with experience of sharia law are being urged to take part in an independent review into its use.’

Full press release

Home Office, 4th July 2016

Source: www.gov.uk/home-office

Has the rule of law ever been more important? – Legal Futures

Posted July 5th, 2016 in EC law, judiciary, news, referendums, rule of law by sally

‘Post-Brexit the separation of powers could be said to be all that is holding this nation together. The Executive is in tatters and Parliament has entered a hiatus without an effective opposition. The only element of our constitutional framework which carries on without pause is the judiciary. It’s a moving proposition to think that those who daily work in courts and public services decimated by cuts are the ones who right now form the only fully functioning element of government.’

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Legal Futures, 4th July 2016

Source: www.legalfutures.co.uk

Speech by the Lord Chief Justice: The Bailii Lecture 2016 – Courts and Tribunals Judiciary

Posted March 21st, 2016 in arbitration, banking, Commercial Court, courts, judges, rule of law, speeches by tracey

‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’

Full speech

Courts and Tribunals Judiciary, 18th March 2016

Source: www.judiciary.gov.uk

Speech by the Lord Chief Justice: The Centrality of Justice – Courts and Tribunals Judiciary

Posted November 17th, 2015 in civil justice, courts, criminal justice, judges, judiciary, rule of law, speeches by tracey

‘Speech by the Lord Chief Justice, “The Centrality of Justice: Its contribution to Society, and its Delivery” The Lord Williams of Mostyn Memorial Lecture on 10 November 2015.’

Full speech

Courts and Tribunals Judiciary, 16th November 2015

Source: www.judiciary.gov.uk

Where now for the rule of law? – UK Human Rights Blog

Posted October 30th, 2015 in costs, disclosure, judicial review, news, rule of law by sally

‘The reforms to judicial review proceedings in Part 4 of the Criminal Justice & Courts Act 2015 have been closely analysed in a timely report by JUSTICE, the Public Law Project and the Bingham Centre for the Rule of Law.’

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UK Human Rights Blog, 29th October 2015

Source: www.ukhumanrightsblog.com

This way, that way, the other way? Latest debate on Human Rights Act – UK Human Rights Blog

Posted October 23rd, 2015 in bills, human rights, news, rule of law by sally

‘Those who want change should have to make the case for it, Baroness Helena Kennedy QC challenged her fellow panellists, at a recent event jointly organised by the Bingham Centre for the Rule of Law and British Institute of International and Comparative Law, and hosted by Bindmans. The panel was one of the most stimulating contributions of the year to the debate over the proposed repeal of the Human Rights Act and its replacement with a British Bill of Rights, featuring contributions from three members of the 2012 Commission on a Bill of Rights, a number of comparative perspectives including one from Australia, and even a call for what appears to be a written constitution.’

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UK Human Rights Blog, 23rd October 2015

Source: www.ukhumanrightsblog.com