‘The government’s decision to pass a law overturning the convictions of post office operators has left many lawyers and judges uneasy.’
The Guardian, 11th January 2024
Source: www.theguardian.com
‘At the beginning of the year, this blog covered the report from the House of Lords Constitution Committee into the Lord Chancellor and the Law Officers, with Conor Casey’s post focusing in particular on the latter. This post aims to ensure that 2023 is bookended by consideration of the issues addressed in the committee’s report – and in the subsequent Lords debate on that report in July – by providing a closer look at the role of the Lord Chancellor.’
UK Constitutional Law Association, 19th December 2023
Source: ukconstitutionallaw.org
‘Political accountability plays a key role in the operation of the rule of law. This is the main claim I seek to defend through this blog post. My framework here is that the rule of law is just as concerned about the ethos of public officials as it is their actions. Political accountability acts as a mechanism through which the ethos behind public officials actions and decision-making can be monitored. As a result, political accountability plays a crucial part in the operation of the rule of law.’
UK Constitutional Law Association, 30th November 2023
Source: ukconstitutionallaw.org
‘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
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