Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia – Supreme Court

‘Lord Briggs at the Sultan Azlan Shah Law Lecture, Kuala Lumpur, Malaysia.’

Full speech

Supreme Court, 5th November 2019

Source: www.supremecourt.uk

Commonwealth head warns of dangers of denying justice to all – The Guardian

‘Denying access to justice risks creating fresh conflicts at a time when the international rule of law is under threat, the Commonwealth secretary general has warned ahead of a meeting of the organisation’s law enforcement officers.’

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The Guardian, 5th November 2019

Source: www.theguardian.com

All Hale Parliament: Responding to the Reith Lectures – UK Human Rights Blog

‘Lady Hale has thrown her wig into the debate on whether the law, represented by the courts, is gaining power while politics in Parliament is losing it. She is not the first to critique Lord Sumption’s Reith Lectures, as they were covered at ALBA’s Annual Conference too (see Law Pod UK episodes 88, 89, and 91).’

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UK Human Rights Blog, 16th October 2019

Source: ukhumanrightsblog.com

Justice eBay Style – London Review of Books

Posted September 23rd, 2019 in news, rule of law by sally

‘The Shield of Achilles, as described in the Iliad, portrays two cities. One of them is at war, circled by ‘a divided army/gleaming in battle-gear’. In the other, there is a promise of peace through the exercise of law: ‘the people massed, streaming into the marketplace/where a quarrel had broken out and two men struggled/ over the blood-price for a kinsman just murdered./One declaimed in public, vowing payment in full –/the other spurned him, he would not take a thing –/so both men pressed for a judge to cut the knot./ The crowd cheered on both, they took both sides,/but heralds held them back as the city elders sat/on polished stone benches, forming the sacred circle,/grasping in hand the staffs of clear-voiced heralds,/and each leapt to his feet to plead the case in turn.’’

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London Review of Books, 26th September 2019

Source: www.lrb.co.uk

Are there principles that trump democracy? The Reith Lectures, 2019: Lord Sumption’s Lecture and Responses – UK Human Rights Blog

Posted July 30th, 2019 in constitutional law, human rights, judges, news, rule of law by sally

‘Are there principles that trump democracy? This was one of a number of profound philosophical and legal questions addressed by former UK Supreme Court Justice Jonathan Sumption in his recent and controversial Reith Lectures, which addressed subjects such an law’s expanding empire, the challenges posed by human rights, and the advantage of an unwritten constitution.’

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UK Human Rights Blog, 29th July 2019

Source: ukhumanrightsblog.com

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament – UK Constitutional Law Association

Posted July 18th, 2019 in judiciary, jurisdiction, legal history, news, parliament, rule of law, Supreme Court by tracey

‘The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty. This post disagrees. That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of “Parliament” by “the High Court of Parlyament” as recognised in the Crown and Parliament Recognition Act 1689. The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament. This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.’

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UK Constitutional Law Association, 18th July 2019

Source: ukconstitutionallaw.org

Speech by the Lord Chief Justice of England and Wales at Mansion House – Courts and Tribunals Judiciary

Posted July 4th, 2019 in judiciary, news, rule of law by sally

‘Much attention in the media and political world is paid to the senior judiciary because that is where the more newsworthy, high-profile and ground-breaking judicial activity tends to occur. But this is not where the overwhelming majority of judicial decisions are made. Thousands of salaried and fee-paid judges dispense justice at first instance in Her Majesty’s Courts and Tribunals, in decisions of acute importance to those involved in them.’

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Courts and Tribunals Judiciary, 3rd July 2019

Source: www.judiciary.uk

Lady Hale gives the Worcester Lecture 2019 at Worcester Cathedral – Supreme Court

Posted February 26th, 2019 in judges, judiciary, rule of law, speeches by tracey

‘Moral Courage in the Law.’

Full speech

Supreme Court, 21st February 2019

Source: www.supremecourt.uk

Protecting Community Protection Notices – UK Police Law Blog

‘A defendant cannot defend himself from prosecution for breach of a Community Protection Notice (‘CPN’), on the basis that the CPN is invalid. The reason, stated in Stannard v The Crown Prosecution Service [2019] EWHC 84 (Admin), is that there is an effective means to challenge the CPN – either by exercising the right of statutory appeal or by judicial review. Allowing a challenge to the validity of the CPN at trial is not what the relevant statute (the Anti-social Behaviour, Crime and Policing Act 2014, ‘the 2014 Act’) intends, nor is it an effective remedy because the person subject to a CPN should not be required to breach a CPN in order to exercise a right to challenge it.’

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UK Police Law Blog, 31st January 2019

Source: ukpolicelawblog.com

Human dignity in a time of austerity: the Rule of Law as a counterpoint to the hostile environment for migrants – Garden Court Chambers

Posted December 12th, 2018 in asylum, budgets, human rights, immigration, news, rule of law by sally

‘Garden Court Chambers’ Amanda Weston QC delivered the plenary speech at our inaugural Migrant Support Conference with Legal Action Group (LAG) on 28 November 2018.’

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Garden Court Chambers, 3rd December 2018

Source: 2h12ms1eq7wnva373scllpi9-wpengine.netdna-ssl.com

SRA in reminder on litigation obligations, warns against being ‘hired gun’ – Local Government Lawyer

‘The Solicitors Regulation Authority has issued a reminder to solicitors to adhere to all their professional obligations when engaged in litigation, “and not to become ‘hired guns’ just carrying out instructions that are in the best interests of clients”.’

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Local Government Lawyer, 27th November 2018

Source: www.localgovernmentlawyer.co.uk

Solicitors warned about acting as ‘hired guns’ for dubious clients – Law Society’s Gazette

‘Regulators have vowed to take action against any solicitor found to have neglected their wider obligations simply to keep a client happy.’

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Law Society's Gazette, 27th November 2018

Source: www.lawgazette.co.uk

Speech by Lord Justice Singh: Racial Equality and the Law – Courts and Tribunals Judiciary

‘Speech by Lord Justice Singh: Racial Equality and the Law,’

Full speech

Courts and Tribunals Judiciary, 14th November 2018

Source: www.judiciary.gov.uk

‘Justice campaign’ needs new approach, say experts – Legal Futures

Posted November 2nd, 2018 in civil justice, criminal justice, legal profession, media, news, rule of law by sally

‘Lawyers have been urged to look at radical new approaches to ‘rebrand’ justice so as to build public and political understanding of its value.’

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Legal Futures, 30th October 2018

Source: www.legalfutures.co.uk

Robot judges less likely than AI-assisted judges, QC predicts – Legal Futures

‘Artificial intelligence (AI) is likely to be used to lower the cost and increase the speed of judicial decisions, a QC specialising in IT and algorithms has predicted.’

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Legal Futures, 30th October 2018

Source: www.legalfutures.co.uk

Speech by Lord Justice Gross: How can judges strengthen the rule of law? – Courts and Tribunals Judiciary

Posted October 15th, 2018 in education, human rights, judges, judiciary, rule of law, speeches by tracey

‘Speech by Lord Justice Gross: How can judges strengthen the rule of law?’

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Courts and Tribunals Judiciary, 15th October 2018

Source: www.judiciary.uk

Jack Simson Caird: Taking Back Control: Brexit, Parliament and the Rule of Law – UK Constitutional Law Association

Posted October 11th, 2018 in brexit, constitutional law, news, parliament, rule of law by sally

‘Over the next six months of the Brexit process, the UK Parliament will make a number of decisions that will have a profound impact on the UK’s constitution and its legal systems. In a Bingham Centre for the Rule Law Report published this week, The Withdrawal Agreement and the Political Declaration: A Preliminary Rule of Law Analysis, we argue that the next six months represents a major test for the Rule of Law in the UK.’

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UK Constitutional Law Association, 10th October 2018

Source: ukconstitutionallaw.org

Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together – Courts and Tribunals Judiciary

Posted September 10th, 2018 in constitutional law, judiciary, rule of law, speeches by tracey

‘Speech by The Right Hon. The Lord Burnett of Maldon: Becoming Stronger Together.’

Full speech

Courts and Tribunals Judiciary, 10th September 2018

Source: www.judiciary.uk

Lord Mayor’s Dinner for HM Judges July 2018: Lord Chancellor’s speech – Ministry of Justice

Posted July 6th, 2018 in courts, judiciary, London, rule of law, speeches by tracey

‘Lord Chancellor and Justice Secretary David Gauke gave a speech at the Lord Mayor’s Dinner for HM Judges at Mansion House.’

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Ministry of Justice, 4th July 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Speech by The Right Hon. The Lord Burnett of Maldon: Dinner for Her Majesty’s Judges 2018 – Courts and Tribunals Judiciary

Posted July 5th, 2018 in judiciary, rule of law, speeches by tracey

‘Speech by The Right Hon. The Lord Burnett of Maldon: Dinner for Her Majesty’s Judges 2018.’

Full speech

Courts and Tribunals Judiciary, 4th July 2018

Source: www.judiciary.uk