‘Open Justice Today Commonwealth Judges and Magistrates Conference 2023.’
Courts & Tribunals Judiciary, 11th September 2023
Source: www.judiciary.uk
‘Law-making has become less transparent, less accountable, less inclusive and less democratic, legal thinktank Justice has said in a damning report published today on the government’s approach to the rule of law.’
Law Society's Gazette, 11th September 2023
Source: www.lawgazette.co.uk
‘To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but far from the first time) in Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 and continued more recently in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22. That reasoning provides that ouster clauses do not apply where a public body has acted outside its jurisdiction: the “decision”, “determination”, etc (in the language of the clause) is null and void, such that there is nothing in law to which the clause might attach. The courts are thus able to safeguard the supervisory jurisdiction of the High Court while still claiming to pay due respect to Parliament’s decrees.’
UK Constitutional Law Association, 5th July 2023
Source: ukconstitutionallaw.org
‘Judicial Independence and Accountability in the 21st Century: Challenges and Opportunities.’
Courts and Tribunals Judiciary, 5th June 2023
Source: www.judiciary.uk
‘The Constitution Committee has released its report on the Illegal Migration Bill 2022-23. The Committee raises a number of concerns, including its potential impact on the rule of law, human rights, devolution, delegated powers, and parliamentary scrutiny. We await the report of the Joint Committee on Human Rights which will most likely comment in more detail on the implications of the Bill for the United Kingdom’s international obligations.’
UK Constitutional Law Association, 23rd May 2023
Source: ukconstitutionallaw.org
‘Default Rules in the Common Law: Substantive Rules and Precedent, presentation at International Workshop on Default Rules in Private Law.’
Supreme Court, 24th march 2023
Source: www.supremecourt.uk
‘There needs to be more focus on the “ethical competence” of lawyers throughout their careers, the Legal Services Board (LSB) has suggested.’
Legal Futures, 25th April 2023
Source: www.legalfutures.co.uk
‘Any move to allow ministers to ignore European Court of Human Rights orders stopping the removal of migrants would undermine the rule of law, senior legal figures have warned.’
The Independent, 20th April 2023
Source: www.independent.co.uk
‘It has become increasingly popular to include what I term a “super-enabling clause” in primary legislation. It is my contention these clauses are bad for democracy and the rule of law. ‘
UK Constitutional Law Association, 30th November 2022
Source: ukconstitutionallaw.org
‘The Retained EU Law (Revocation and Reform) Bill could have a devastating impact on legal certainty in the UK, the Law Society said today as the bill reaches committee stage in the House of Commons.’
Law Society's Gazette, 8th November 2022
Source: www.lawgazette.co.uk
‘Lord Hodge, Guildhall Lecture – The Rule of Law, the Courts and the British Economy.’
Supreme Court, 4th October 2022
Source: www.supremecourt.uk
‘Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the Bill would never have been able to make good on the hopes of those who wish to see the U.K. unshackled from the jurisdiction of the Strasbourg Court. Rajiv Shah, a former special advisor in the Ministry of Justice and the No 10 Policy Unit, argues that the Bill was presented as containing a lot of red meat – to encourage ECHR sceptics and dismay ECHR advocates – while in reality being little more than a vegan steak. On reflection this is a fairly accurate description. One area of concern, however, was the potential repeal of s. 3 of the Human Rights Act.’
UK Constitutional Law Association, 12th September 2022
Source: ukconstitutionallaw.org
‘The provisions so far announced for the government’s Bill of Rights will put the UK on a collision course with the rule of law, the Law Society said this morning [22 June].’
Law Society's Gazette, 22nd June 2022
Source: www.lawgazette.co.uk
‘Lord Reed, London International Disputes Week.’
Supreme Court, 11th May 2022
Source: www.supremecourt.uk
‘The Master of the Rolls, Sir Geoffrey Vos, has spoken at the Socio-Legal Studies Association Conference in York. His lecture was entitled: “The proper place of the law in a digital society”.’
Courts & Tribunals Judiciary, 28th April 2022
Source: www.judiciary.uk
‘The UK has announced that two of its Supreme Court judges will no longer be sitting on Hong Kong’s top court.’
BBC News, 30th March 2022
Source: www.bbc.co.uk
‘The rule of law is one of the most frequently invoked yet least understood ideas of legal and political thought. But it is not just lawyers and politicians who have an interest in it. It affects everyday issues and everyone has a stake in the rule of law.’
Each Other, 10th March 2022
Source: eachother.org.uk
‘The Lord Chief Justice of England and Wales has delivered the Blackstone Lecture 2022 at Pembroke College in Oxford. Lord Burnett of Maldon gave a speech entitled The hidden value of the Rule of Law and English Law.’
Courts and Tribunals Judiciary, 11th February 2022
Source: www.judiciary.uk
‘Partygate could tear apart the UK government but, regardless of one’s political preferences, there have been some good things that have come from the episode. Where it is not unusual to see different conceptions of the Rule of Law invoked on opposing sides of an argument, it was a pleasant surprise to see opposing sides invoke the concept in support of the same argument in a way that’s recognisable. “The Rule of Law” was deployed in a way that reflected the concept’s core purpose: holding those in power to the same rules and standards as everyone else and to deter the arbitrary application of power. However, this moment of unity is unlikely to settle the perennial contest relating to the concept’s meaning.’
UK Constitutional Law Association, 10th February 2022
Source: ukconstitutionallaw.org
‘Ministers are showing “growing contempt for parliament” through the increasing use of secondary legislation and skeleton bills to significantly change the law without proper scrutiny – a growing trend which is “dangerous for democracy”, peers have warned.’
Law Society's Gazette, 7th January 2022
Source: www.lawgazette.co.uk
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