Human rights – have they gone too far? – Halsbury’s Law Exchange

Posted December 12th, 2014 in human rights, news, rule of law by sally

‘Type the words “have human rights …” into Google and it automatically suggests “… gone too far[?]”.

This isn’t a surprise: for many people human rights, as set out in the Human Rights Act 1998, are a byword for reckless absurdity. It is a villains’ charter which cares not a jot for law-abiding citizens.’

Full story

Halsbury’s Law Exchange, 12th December 2014

Source: www.halsburyslawexchange.co.uk

Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law – Speech by Lord Chief Justice

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law (PDF)

Speech by Lord Chief Justice

Institute for Government, 1st December 2014

Source: www.judiciary.gov.uk

Conor Gearty: On Fantasy Island: British politics, English judges and the European Convention on Human Rights – UK Constitutional Law Association

‘My first encounter with the fantasies that underpin English public law came in the 1980s. I had just starting teaching constitutional law and was taking my first year students through Dicey: the independent rule of law; the availability of remedies to all, without fear or favour; the common law’s marvellous protection of civil liberties; how great we were, how terrible the continent; and all the rest of it. Outside the classroom, striking miners were being routinely beaten up by the police, their picketing disrupted by road blocks, their liberty eroded by mass bail conditions. The Campaign for Nuclear Disarmament was having its marches banned and its protests inhibited by ‘no-go’ areas arbitrarily erected by the police around American bases into which it had been decided to move a new generation of nuclear weapons. Some of my students were even beaten up themselves, on a march against education cuts in London – much to their surprise given what I was teaching them.’

Full story

UK Constitutional Law Association, 13th November 2014

Source: www.ukconstitutionallaw.org

Dinah Rose QC: “Give MPs a constitution crash course” – The Lawyer

Posted October 30th, 2014 in barristers, constitutional law, human rights, news, parliament, rule of law, speeches by sally

‘New Members of Parliament should be given training on the constitution and the rule of law, one of the UK’s most prominent barristers has suggested.’

Full story

The Lawyer, 29th October 2014

Source: www.thelawyer.com

“UK must not think only of itself”: Massacre families urge UK not to leave ECHR – UK Human Rights Blog

Posted October 24th, 2014 in human rights, news, rule of law by sally

‘The Conservative Party’s proposals to introduce a British Bill of Rights and Responsibilities that would weaken the UK’s obligations under the European Convention on Human Rights (ECHR) – and the legal chaos that would ensue if it was ever enacted – have been hotly debated. The proposal makes clear that if the Council of Europe was to reject the UK’s unilateral move, as it would be bound to, the UK ‘would be left with no alternative but to withdraw’ from the Convention.’

Full story

UK Human Rights Blog, 24th October 2014

Source: www.ukhumanrightsblog.com

Grayling ‘has no understanding of his role’ – Falconer – Law Society’s Gazette

‘Former lord chancellor Lord Falconer has attacked successor Chris Grayling for failing to view his commitment to the rule of law as different to that of any other government minister.’

Full story

Law Society’s Gazette, 22nd October 2014

Source: www.lawgazette.co.uk

Lord Chancellor should be “very senior lawyer” – Legal Futures

Posted October 17th, 2014 in barristers, judiciary, lord chancellor, news, parliament, rule of law by tracey

‘The Lord Chancellor should be a “very senior lawyer”, Nicholas Lavender QC, chairman of the Bar Council, has said. Justice secretary Chris Grayling told the House of Lords constitution committee this week that there were “no disadvantages” to the Lord Chancellor being, like him, a non-lawyer.’

Full story

Legal Futures, 17th October 2014

Source: www.legalfutures.co.uk

The Rule of Law and the Future of the Sector – Attorney General’s Office

‘Attorney General speech to London Law Expos on the UK’s long commitment to the Rule of Law.’

Full story

Attorney General’s Office, 14th October 2014

Source: www.gov.uk/ago

The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

Speech by Lord Justice Gross: RAF Legal Services Conference – Judiciary of England and Wales

Posted September 22nd, 2014 in armed forces, international law, interpretation, judges, legal services, news, rule of law by sally

Speech by Lord Justice Gross: RAF Legal Services Conference (PDF)

RAF Legal Services Conference, 18th September 2014

Source: www.judiciary.gov.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

New judicial review test “risks undermining rule of law”, peers warn – Litigation Futures

Posted July 7th, 2014 in bills, budgets, costs, judges, judicial review, legal aid, news, rule of law by sally

‘The government’s plan to introduce a stricter test on judicial review outcomes “risks undermining the rule of law”, the House of Lords constitution committee has warned.’

Full story

Litigation Futures, 7th July 2014

Source: www.litigationfutures.com

Religion, the Rule of Law and Discrimination – Gresham College

‘This address will explore the development of the law’s approach at the intersection between, on the one hand, the manifestation of religious beliefs and, on the other, the protection and promotion of secular values.
It charts the shift from the historic protection of Christian orthodoxy, through the development of anti-discrimination legislation, to the recent domestic and European legislation and case law which have provided a coherent framework for the balancing of these rights consistent with the values of the Rule of Law.’

Transcript

Gresham College, 26th June 2014

Source: www.gresham.ac.uk

You cannot be serious! Peers call ‘out’ on Government’s judicial review reforms – UK Human Rights Blog

‘Last night saw the House of Lords’ first reaction to the Government’s proposed changes to judicial review as the Criminal Justice and Courts Bill had its second reading. Already dissected at some length in this blog, the proposals have been roundly criticised by both the senior judiciary and the Joint Committee on Human Rights. Consultations responses, including from JUSTICE, expressed concern that the measures appear, by design or coincidence, to undermine the rule of law, inhibit transparency and shield the Government from judicial scrutiny. Two key concerns arise from the Government proposals: restricting access for individuals without substantial means and limiting the courts’ discretion to do justice in the public interest. Yesterday’s debate was robust and eloquent, with former Law Lords joined by bishops and backbenchers alike to condemn the new measures.’

Full story

UK Human Rights Blog, 1st July 2014

Source: www.ukhumanrightsblog.com

Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

Full speech

Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

The debate over British values and human rights – whose Magna Carta is it anyway? –

Posted June 18th, 2014 in equality, human rights, magna carta, news, rule of law by sally

‘This Monday (16 June) was Magna Carta Day. It is now less than a year until the 800th anniversary of the sealing of England’s oldest charter of rights, and one of the world’s most influential legal documents.’

Full story

Legal Week, 18th June 2014

Source: www.legalweek.com

Secret trials – a little transparency, a lot to worry about – UK Human Rights Blog

‘The Court of Appeal has published its decision in Guardian News Media v AB and CD. It is not a judgment, the Court says. Judgments – plural – will be given “in due course.” Still, the 24 paragraph decision contains the order and explanation of the order, and gives an indication of some of the reasons that will follow.’

Full story

UK Human Rights Blog, 12th June 2014

Source: www.ukhumanrightsblog.com

Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls

Posted June 11th, 2014 in Christianity, magna carta, rule of law, speeches by sally

Magna Carta, Religion and The Rule of Law (PDF)

Speech by Master of the Rolls

Temple, London, 7th June 2014

Source: www.judiciary.gov.uk

Andrew Le Sueur: Imagining judges in a written UK Constitution – UK Constitutional Law Association

‘The tide of interest (among those who care about these things) in the idea of a written, codified constitution for the United Kingdom rises and falls. At the moment the tide is quite high, but certainly not high enough to flow into the estuaries of government policy making.’

Full story

UK Constitutional Law Association, 14th May 2014

Source: www.ukconstitutionallaw.org