Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association

Posted August 18th, 2014 in inquiries, judiciary, lord chancellor, news, parliament, pensions, statutory duty by tracey

‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’

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UK Constitutional Law Association, 18th August 2014

Source: www.ukconstitutionallaw.org/blog

Judicial Review, Legal Aid and Operation Cotton – the Human Rights Roundup – UK Human Rights Blog

Posted May 6th, 2014 in human rights, judicial review, legal aid, lord chancellor, news, trials by tracey

‘Legal aid, judicial review and the role of the Lord Chancellor dominated the headlines last week – with the Operation Cotton case and the Joint Committee on Human Right’s report on judicial review putting increasing pressure on the Government’s reforms.’

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UK Human Rights Blog, 6th May 2014

Source: www.ukhumanrightsblog.com

New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

Posted May 6th, 2014 in asbestos, courts, fees, insurance, lord chancellor, news, personal injuries, speeches by tracey

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

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Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

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

‘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

Judicial Review is not part of a vast left wing conspiracy – UK Human Rights Blog

Posted September 9th, 2013 in consultations, judicial review, lord chancellor, news, rule of law, statistics by tracey

“The second salvo in the Government’s war against Judicial Review was launched last week. At least, that is what you may think after reading the Lord Chancellor Chris Grayling’s fire-breathing op-ed in the Daily Mail, in which he gets within a whisker of saying Judicial Review was invented by Karl Marx to ferment socialist revolution.”

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UK Human Rights Blog, 9th September 2013

Source: www.ukhumanrightsblog.com

Lord Chancellor and Secretary of State for Justice Rt Hon Chris Grayling MP – Judges Dinner 2013 – Ministry of Justice

Posted July 5th, 2013 in judges, judiciary, lord chancellor, rule of law, speeches by tracey

“Speech given by Lord Chancellor and Secretary of State for Justice Rt Hon Chris Grayling MP. Originally given at Judges Dinner 2013.This is the text of the speech as drafted, which may differ slightly from the delivered version.”

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Ministry of Justice, 4th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Patrick O’Brien: Does the Lord Chancellor really exist? – UK Constitutional Law Group

“On 12 June 2003 a minor constitutional revolution began with the resignation of Lord Irvine as Lord Chancellor and the announcement of a package of reforms including the abolition of his office and the creation of a Supreme Court, later to become the Constitutional Reform Act 2005 (CRA). To commemorate the tenth anniversary of these events, the Judicial Independence Project held a private seminar on 12 June 2013 at which some of those directly involved in the changes spoke about the experience and the effects it has had on constitutional change. A note of the seminar is available here. In part the seminar brought out the drama and the comedy of the day itself. An old friendship ended in acrimony: Irvine had been the Prime Minister’s pupil master and had introduced him to his wife. At the same time the senior judiciary, at an away day with civil servants, were taken by surprise by the announcement and had to have the details explained to them whilst they huddled, increasingly angry, around a single phone in a country pub.”

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UK Constitutional Law Group, 26th June 2013

Source: www.ukconstitutionallaw.org

Judicial dialogue? Straw and Bratza deliver choice words on Strasbourg – The Guardian

Posted November 15th, 2012 in courts, human rights, lectures, lord chancellor, news, treaties by sally

“Former lord chancellor suggests the human rights court will be the architect of its own demise as the former president recalls its achievements.”

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The Guardian, 14th November 2012

Source: www.guardian.co.uk

Britain could become Belarus if it abandons human rights legislation, warns Attorney General – Daily Telegraph

Posted October 10th, 2012 in attorney general, human rights, lord chancellor, news by sally

“Britain would be left comparable to ‘Belarus’ if it abandoned the European Court on Human Rights, Dominic Grieve has warned.”

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Daily Telegraph, 9th October 2012

Source: www.telegraph.co.uk

Ken Clarke: popular press to blame for thousands of criminals being in jail needlessly – Daily Telegraph

Posted May 24th, 2012 in lord chancellor, media, news, prisons by sally

“Justice Secretary Ken Clarke has blamed the popular press for putting thousands of criminals in jail who do not need to be there.”

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Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Legal aid is safe where it matters most – The Guardian

Posted December 20th, 2011 in bills, legal aid, lord chancellor, news by tracey

“My legal aid reforms – debated in the Lords tomorrow – pose a threat to a failing system and outdated practices, not the needy.”

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The Guardian, 19th December 2011

Source: www.guardian.co.uk

Lord Irvine: human rights law developed on false premise – The Guardian

“British courts have been slavishly following the jurisprudence of the European court of human rights and misinterpreting the Human Rights Act (HRA), according to the architect of the legislation.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Lord chancellor veto raises questions for judicial standards – The Guardian

Posted December 8th, 2011 in judicial appointments commission, lord chancellor, news, veto by tracey

“Worries over judicial appointment process and quality of candidates as barrister salaries outstrip bench.”

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The Guardian, 8th December 2011

Source: www.guardian.co.uk

Justice selections can only be made on merit, says Lord Phillips – The Guardian

Posted October 20th, 2011 in judicial appointments commission, judiciary, lord chancellor, news by tracey

“Judicial selection panels are ‘bending over backwards’ to appoint women and members of ethnic minorities to the bench but selections must ultimately be on merit, Lord Phillips, president of the supreme court, said on Tuesday.”

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The Guardian, 19th October 2011

Source: www.guardian.co.uk

Clarke forced to apologise for rape comments – The Guardian

Posted May 19th, 2011 in guilty pleas, lord chancellor, news, rape, sentencing by tracey

“Kenneth Clarke, the justice secretary, is expected to announce a climbdown over his plan for sentence discounts of up to 50% for early guilty pleas after he provoked a row by appearing to suggest that some rapes are more serious than others.”

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The Guardian, 18th May 2011

Source: www.guardian.co.uk

Kenneth Clarke unveils plans to tackle compensation culture – The Guardian

Posted March 30th, 2011 in compensation, costs, fees, lord chancellor, news, small claims by sally

“Proposals to tackle Britain’s ‘damaging compensation culture’, control legal costs and divert cases from courtrooms into online resolution have been unveiled by the justice secretary.”

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The Guardian, 29th March 2011

Source: www.guardian.co.uk

Criminal justice reform speech – Ministry of Justice

Posted August 16th, 2010 in lord chancellor, Ministry of Justice, speeches by sally

“The Lord Chancellor and Justice Secretary has given a speech outlining his plans for criminal justice reform at the Lord Mayor’s Annual Judges’ Dinner.”

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Ministry of Justice, 13th August 2010

Source: www.justice.gov.uk

Ken Clarke’s enthusiasm for cuts in the justice system comes at a high price – The Guardian

Posted August 12th, 2010 in lord chancellor, Ministry of Justice, news by sally

“The lord chancellor should be sticking up for his department. Our courts lie at the very heart of our democracy.”

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The Guardian, 11th August 2010

Source: www.guardian.co.uk

Judges hear Clarke’s plans for justice – Ministry of Justice

“A sensible review of sentencing policy is long overdue, Kenneth Clarke has told an audience of senior judges.”

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Ministry of Justice, 14th July 2010

Source: www.justice.gov.uk

The Government’s vision for criminal justice reform – Ministry of Justice

“Justice Secretary, Kenneth Clarke, has given a speech on criminal justice reform at the Centre for Crime and Justice Studies.”

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Ministry of Justice, 30th June 2010

Source: www.justice.gov.uk