‘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
‘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.’
Each Other, 10th March 2022
Source: eachother.org.uk
‘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.’
Courts and Tribunals Judiciary, 11th February 2022
Source: www.judiciary.uk
‘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.’
UK Constitutional Law Association, 10th February 2022
Source: ukconstitutionallaw.org
‘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.’
Law Society's Gazette, 7th January 2022
Source: www.lawgazette.co.uk
‘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.’
UK Constitutional Law Association, 23rd November 2021
Source: ukconstitutionallaw.org
“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’.”
The Independent, 5th November 2021
Source: www.independent.co.uk
‘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.’
Garden Court Chambers, 20th October 2021
Source: www.gardencourtchambers.co.uk
‘The scope of judicial law-making in constitutional law and public law.’
Supreme Court, 27th October 2021
Source: www.supremecourt.uk
‘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.’
Law Society's Gazette, 22nd October 2021
Source: www.lawgazette.co.uk
‘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.’
UK Constitutional Law Association, 18th October 2021
Source: ukconstitutionallaw.org
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