Category: rule of law

Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association

Posted May 2nd, 2014 in costs, evidence, human rights, judicial review, legal aid, news, parliamentary papers, reports, rule of law, select committees by tracey

‘Earlier this week, the parliamentary Joint Committee on Human Rights has published its report on The implications for access to justice of the Government’s proposals to reform judicial review (HL 174 HC 868 2013-14). The report is, perhaps unsurprisingly, generally critical of the proposals and of the way in which they have been or are being introduced. I have already summarised the proposals and commented on some of them in earlier posts. In this post, I draw attention to some key passages in the JCHR’s report, commenting on them briefly and, at the end of the piece, offering some reflections on some of the underlying constitutional issues highlighted by the Committee.’

Full story

UK Constitutional Law Association, 1st May 2014

Source: www.ukconstitutionallaw.org

The Judiciary: The Third Branch of the State – Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

Posted April 9th, 2014 in armed forces, judiciary, news, rule of law by sally

The Judiciary: The Third Branch of the State (PDF)

Speech by Lord Justice Gross, Senior Presiding Judge for England and Wales

RCDS Lecture, 3rd April 2014

Source: www.judiciary.gov.uk

Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent

Posted March 24th, 2014 in codes of practice, islamic law, Law Society, news, rule of law, solicitors, wills by sally

‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’

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The Independent, 23rd March 2014

Source: www.independent.co.uk

Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

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UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org

Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by tracey

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

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Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

Perspectives on the Criminal Justice System – Speech by Lord Justice Gross, Senior Presiding Judge

Posted March 19th, 2014 in criminal justice, judiciary, rule of law, speeches by tracey

‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’

Full speech

Judiciary of England and Wales, 19th March 2014

Source: www.judiciary.gov.uk

Avoiding the nuclear option: the EU moves to strengthen the rule of law – UK Human Rights Blog

Posted March 18th, 2014 in consultations, EC law, human rights, news, rule of law by tracey

‘Within the past week the EU Commission has laid down its plans for protecting the rule of law across Europe and, importantly, for punishing member states that fail to meet rule of law standards. At first glance this appears to be a landmark in the EU’s regulation of the rule of law, fundamental rights and democracy, but is it the solution it claims to be?’

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UK Human Rights Blog, 17th March 2014

Source: www.ukhumanrightsblog.com

The disturbing conflict of interest at the heart of British justice – Garden Court Chambers

Posted March 7th, 2014 in barristers, constitutional law, government departments, industrial action, legal aid, lord chancellor, news, rule of law, solicitors by tracey

‘Today, lawyers go on strike for the second time since January. The battle is with the Lord Chancellor, Chris Grayling, over his proposed reforms to legal aid. Strike action, from a generally traditional and conservative profession, is all but unprecedented and threatens to bring the criminal justice system to a halt. What has brought relations between the legal profession and Mr Grayling to this pitch?’

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Garden Court Chambers, 7th March 2014

Source: www.gclaw.wordpress.com

Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by tracey

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

Bingham Centre Review into Streamlining Judicial Review Published – Blackstone Chambers

Posted February 24th, 2014 in civil procedure rules, judicial review, news, reports, rule of law by sally

‘Last October the Bingham Centre for the Rule of Law established a Review to consider and report on possible ways of improving judicial review procedures in the Administrative Court, to save and protect public funds, in a manner consistent with the rule of law.’

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Blackstone Chambers, 19th February 2014

Source: www.blackstonechambers.com

Hospital closures and the rule of law – UK Human Rights Blog

Posted November 12th, 2013 in appeals, consultations, hospitals, news, rule of law by tracey

“Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013. It takes a bit of time to close a hospital or make major changes to it. This is because you must go through a complicated set of consultations with all those likely to be affected before action can be taken. Many, if not most, people say this is a good thing, and Parliament has embedded these duties of consultation in the law.”

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UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

The Bar in society: A vital force for good – Speech by Maura McGowan QC, Chairman of the Bar

Posted November 6th, 2013 in barristers, budgets, diversity, equality, fees, judiciary, legal aid, legal education, legal profession, legal representation, news, pro bono work, public interest, rule of law by sally

The Bar in society: A vital force for good (PDF)

Speech by Maura McGowan QC, Chairman of the Bar

Annual Bar Conference, 2nd November 2013

Source: www.barcouncil.org.uk

The courts are secular, says top family judge – Law Society’s Gazette

Posted October 30th, 2013 in children, courts, diversity, equality, family courts, judiciary, marriage, medical treatment, news, rule of law by sally

“The law has a neutral view of religious belief, the president of the Family Division said today, stressing the secular nature of the judges’ job.”

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Law Society’s Gazette, 29th October 2013

Source: www.lawgazette.co.uk

Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog

Posted October 29th, 2013 in appeals, EC law, energy, environmental protection, human rights, inquiries, judicial review, news, rule of law, Scotland by sally

“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”

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UK Human Rights Blog, 28th October 2013

Source: www.ukhumanrightsblog.com

Lord Neuberger on “Justice in an age of austerity” – CrimeLine

Posted October 18th, 2013 in civil justice, criminal justice, internet, judges, judicial review, legislative drafting, rule of law, speeches by tracey

“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”

Full speech

CrimeLine, 15th October 2013

Source: www.crimeline.info

The value of the rule of law to international trade and finance – Attorney General’s Office

Posted October 16th, 2013 in banking, international law, international relations, international trade, news, rule of law by sally

“Speech at City of London Guildhall on the central importance to the British economy of the rule of law.”

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Attorney General’s Office, 14th October 2013

Source: www.gov.uk/ago

Lord Neuberger: Don’t restrict right to judicial review – Daily Telegraph

Posted October 16th, 2013 in judges, judicial review, legal aid, legal representation, litigants in person, news, rule of law by sally

“The Government should not restrict people from seeking judicial review, the UK’s most senior judge has warned.”

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Daily Telegraph, 15th October 2013

Source: www.telegraph.co.uk

Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange

Posted September 25th, 2013 in court dress, evidence, freedom of expression, human rights, Islam, juries, news, practice directions, religious discrimination, rule of law, women by sally

“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”

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Halsbury’s Law Exchange, 25th September 2013

Source: www.halsburyslawexchange.co.uk

Mark Elliott: Justification, Calibration and Substantive Judicial Review: Putting Doctrine in its Place – UK Constitutional Law Group

Posted September 18th, 2013 in human rights, judicial review, news, parliament, proportionality, rule of law by sally

“To observe that substantive judicial review—and the notions of proportionality and deference in particular—constitute well-trodden ground would be to engage in reckless understatement. And that, in turn, might suggest that there is nothing more that can usefully be said about these matters. Yet the debate in this area of public law remains vibrant—and for good reason. Like the controversy about the foundations of judicial review in which many public lawyers engaged energetically over a decade ago, the controversy about substantive review is ultimately a manifestation of underlying disagreements concerning the nature, status and interaction of fundamental constitutional principles, including the rule of law, the separation of powers and the sovereignty of Parliament. It is hardly surprising, then, that questions about the intensity of review and (what amounts to the reverse side of the same coin) deference remain under active discussion long after the debate was ignited by the entry into force of the Human Rights Act 1998.”

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UK Constitutional Law Group, 17th September 2013

Source: www.ukconstitutionallaw.org

The rule of law and the prosecutor – Attorney General’s Office

Posted September 9th, 2013 in attorney general, human rights, prosecutions, public interest, rule of law, speeches, trials by tracey

“Attorney General emphasises the prosecutor’s role in making sure that trials are fair, politically neutral & human rights are defended. Originally given at the 18th Annual Conference and General Meeting of the International Association of Prosecutors, Moscow.This is the text of the speech as drafted, which may differ slightly from the delivered version.”

Full speech

Attorney General’s Office, 9th September 2013

Source: www.gov.uk/ago