Ministry of Justice “a little frustrated” by legal aid strike as CBA recommends ‘no returns’ policy – Legal Futures

‘David Gauke, the justice secretary and Lord Chancellor, has admitted that the Ministry of Justice (MoJ) is feeling “a little frustrated” by the direct action taken by criminal law barristers over legal aid fees.’

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Legal Futures, 10th May 2018

Source: www.legalfutures.co.uk

Speech by Sir Ernest Ryder, Senior President of Tribunals: Securing Open Justice – Courts and Tribunals Judiciary

Posted February 6th, 2018 in civil justice, judges, judiciary, rule of law, speeches by tracey

‘Speech by Sir Ernest Ryder, Senior President of Tribunals: Securing Open Justice.’

Full speech

Courts and Tribunals Judiciary, 1st February 2018

Source: www.judiciary.gov.uk

‘A crisis for human rights’: new index reveals global fall in basic justice – The Guardian

Posted January 31st, 2018 in human tissue, news, rule of law, statistics by sally

‘Fundamental human rights are reported to have diminished in almost two-thirds of the 113 countries surveyed for the 2018 Rule of Law Index, amid concerns over a worldwide surge in authoritarian nationalism and a retreat from international legal obligations.’

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The Guardian, 31st January 2018

Source: www.theguardian.com

Indefinite Detention and the Rule of Law – UK Human Rights Blog

Posted December 13th, 2017 in deportation, detention, immigration, news, rule of law, time limits by sally

‘On 1 December 2017 an event in Temple Church with the Bar Council in collaboration with Refugee Tales, an outreach project whose aim is to see the end of indefinite immigration detention, saw an announcement of new recommendations for reform of the system of immigration detention.’

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UK Human Rights Blog, 12th December 2017

Source: ukhumanrightsblog.com

Improving UK Competitiveness, Strengthening the Rule of Law – Ministry of Justice

‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’

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Ministry of Justice, 7th December 2017

Source: www.gov.uk

Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy International in a Post-Evans Constitutional Landscape (Part 2) – UK Constitutional Law Association

‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’

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UK Constitutional Law Association, 11th December 2017

Source: ukconstitutionallaw.org

Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses – UK Constitutional Law Association

‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’

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UK Constitutional Law Association, 4th December 2017

Source: ukconstitutionallaw.org

Judges under ‘intolerable pressure’ from social media, says new Lord Chief Justice – Daily Telegraph

Posted November 22nd, 2017 in internet, judges, judiciary, news, rule of law by sally

‘Judges are being put under “intolerable pressure” by social media users who criticise their decisions, the Lord Chief Justice has said.’

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Daily Telegraph, 21st November 2017

Source: www.telegraph.co.uk

Rule of law in UK at risk after Brexit, says former supreme court president – The Guardian

‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’

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The Guardian, 21st November 2017

Source: www.theguardian.com

Prisoners Will Finally Be Given The Vote, Say Reports – Rights Info

‘A limited number of prisoners will be allowed to vote ending the UK’s total ban on prisoners voting, according to reports.’

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Rights Info, 29th October 2017

Source: rightsinfo.org

High-powered group of legal and constitutional experts to consider rule of law implications of Brexit Bill – Legal Futures

Posted October 9th, 2017 in bills, constitutional law, news, rule of law by sally

‘The Bingham Centre for the Rule of Law has put together a high-powered group of 26 legal, constitutional and other experts under the chairmanship of former Attorney General Dominic Grieve QC MP to consider the implications of the EU (Withdrawal) Bill for the rule of law.’

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Legal Futures, 9th October 2017

Source: www.legalfutures.co.uk

Fee change: all change? – New Law Journal

‘Alex Hawley reflects on the rise in anti-austerity sentiment & the possible impact of the Unison judgment on civil court fees.’

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New Law Journal, 15th September 2017

Source: www.newlawjournal.co.uk

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