Lord Reed, London International Disputes Week – Supreme Court

‘Lord Reed, London International Disputes Week.’

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Supreme Court, 11th May 2022

Source: www.supremecourt.uk

Speech by the Master of the Rolls to the Socio-Legal Studies Association Conference – Courts & Tribunals Judiciary

Posted April 29th, 2022 in computer programs, internet, rule of law, speeches by tracey

‘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”.’

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Courts & Tribunals Judiciary, 28th April 2022

Source: www.judiciary.uk

Hong Kong: Top UK judges resign from highest court – BBC News

Posted March 31st, 2022 in freedom of expression, Hong Kong, judiciary, news, rule of law by sally

‘The UK has announced that two of its Supreme Court judges will no longer be sitting on Hong Kong’s top court.’

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BBC News, 30th March 2022

Source: www.bbc.co.uk

Why The Human Rights Act Matters To The Rule of Law – Each Other

Posted March 11th, 2022 in human rights, news, rule of law by tracey

‘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.’

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Each Other, 10th March 2022

Source: eachother.org.uk

Speech by the Lord Chief Justice: Blackstone Lecture 2022 – Court and Tribunals Judiciary

‘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.’

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Courts and Tribunals Judiciary, 11th February 2022

Source: www.judiciary.uk

Paul Burgess: A Rule of Law Surprise Party(gate) – UK Constitutional Law Association

Posted February 10th, 2022 in constitutional law, coronavirus, news, political parties, rule of law by sally

‘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.’

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UK Constitutional Law Association, 10th February 2022

Source: ukconstitutionallaw.org

Use of secondary legislation ‘dangerous for democracy’, peers warn – Law Society’s Gazette

Posted January 10th, 2022 in bills, constitutional law, legislation, news, parliament, rule of law by tracey

‘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.’

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Law Society's Gazette, 7th January 2022

Source: www.lawgazette.co.uk

Samuel Beswick: Prospective Quashing and the Rule of Law – UK Constitutional Law Association

Posted November 23rd, 2021 in bills, constitutional law, judicial review, news, rule of law by sally

‘The new prospective-only quashing order reform proposed by clause 1(1)(29A)(1)(b) of the Judicial Review and Courts Bill 2021 implicates the Rule of Law. That much seems to be a matter of general agreement. But commentators drastically disagree on how it does so. Three contrasting positions on the relationship between prospective quashing and the Rule of Law have emerged: (1) that prospective-only quashing offends the Rule of Law; (2) that the technique enhances judicial flexibility without undermining the Rule of Law; and (3) that prospective-only quashing enhances the Rule of Law.’

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UK Constitutional Law Association, 23rd November 2021

Source: ukconstitutionallaw.org

Lord Chief Justice warns government over ‘value of the rule of law’ in courts funding plea – The Independent

“In his annual report, published on Friday [5th November], Lord Burnett of Maldon warned that the only way to cut record waiting times was to run crown courts at full capacity for the ‘foreseeable future’.”

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The Independent, 5th November 2021

Source: www.independent.co.uk

Supreme Court reaffirms, in the bail context, the constitutional principle that judicial orders must be obeyed unless and until set aside – Garden Court Chambers

‘The Supreme Court has handed down judgment this morning in a case of “constitutional importance” concerning the Home Office’s non-compliance with a tribunal bail order.’

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Garden Court Chambers, 20th October 2021

Source: www.gardencourtchambers.co.uk

Lord Hodge, The Scope of Judicial Law-making in Constitutional Law and Public Law – Supreme Court

‘The scope of judicial law-making in constitutional law and public law.’

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Supreme Court, 27th October 2021

Source: www.supremecourt.uk

Neuberger ‘unconvinced’ by JR reform arguments – Law Society’s Gazette

‘The former president of the Supreme Court has revealed that he is ‘unconvinced’ by a major argument used to justify the government’s controversial judicial review reforms.’

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Law Society's Gazette, 22nd October 2021

Source: www.lawgazette.co.uk

Michael Foran: Parliamentary Sovereignty and the Politics of Law-making – UK Constitutional Law Association

‘Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal terms: it is a legal principle with legal effect, speaking to other legal entities within our constitutional order regarding how they are to exercise their legal functions in light of legislation passed by Parliament. In essence, it is a doctrine of legislative supremacy which honours Parliament’s constitutional role by according its enactments their due authority. On this view, no discernible distinction exists between parliamentary sovereignty and Parliament’s law-making powers because sovereignty describes the scope and weight of those very powers.’

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UK Constitutional Law Association, 18th October 2021

Source: ukconstitutionallaw.org

Raab threat to ‘correct’ court judgments is ‘deeply troubling’, warn legal experts – The Independent

‘Legal experts have responded with alarm to suggestions from justice secretary Dominic Raab that he will legislate to “correct” court judgments in human rights cases that go against the government.’

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The Independent, 17th October 2021

Source: www.independent.co.uk

Jonathan Morgan: In Praise of Flexibility: Clause 1 of the Judicial Review and Courts Bill (2021) – UK Constitutional Law Association

‘Much has been written about the government’s judicial review reform project, which has led from IRAL to a further round of government consultation, culminating in the Judicial Review and Courts Bill.’

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UK Constitutional Law Association, 23rd September 2021

Source: ukconstitutionallaw.org

Alison L Young: Judicial Review of Policies – Clarification or Judicial Retreat? – UK Constitutional Law Association

‘Policies are not law. Nevertheless, they play a large role in administrative law, providing clarity as to how a public authority will exercise a discretionary power. Policies can also be relevant considerations, create legitimate expectations, or require that an individual who falls within the scope of a policy should have that policy applied to them, unless there are good reasons not to do so. Public authorities may also be required to formulate or publish a policy setting out how discretion is exercised.’

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UK Constitutional Law Association, 5th August 2021

Source: ukconstitutionallaw.org

Judicial review: Plan to reform scrutiny by courts revealed – BBC News

‘The government is pressing ahead with plans to limit how the public can legally challenge official decisions, despite fears it will damage justice.’

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BBC News, 21st July 2021

Source: www.bbc.co.uk

Tory MPs suspended for trying to influence judge in Elphicke case – The Guardian

‘Several Conservative MPs will be suspended from the Commons for a day and told to apologise for trying to influence a judge presiding over the trial of a colleague for sexual assault, the standards committee has ordered.’

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The Guardian, 21st July 2021

Source: www.theguardian.com

Reading by the Deputy Senior Presiding Judge: English Law and Descent into Complexity – Courts & Tribunals Judiciary

Posted July 16th, 2021 in judges, news, rule of law by tracey

‘Reading by the Deputy Senior Presiding Judge: English Law and Descent into Complexity.’

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Courts & Tribunals Judiciary, 15th July 2021

Source: www.judiciary.uk

Plans to restrict judicial review weaken the rule of law, MPs warn – The Guardian

Posted June 3rd, 2021 in bills, consultations, judicial review, judiciary, news, rule of law by sally

‘Proposals to restrict judicial review are an affront to the principles of fairness and government accountability and should be dropped, a cross-party group of MPs and peers has said.’

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The Guardian, 2nd June 2021

Source: www.theguardian.com