Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls
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
Category: rule of law
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.’
UK Constitutional Law Association, 14th May 2014
Source: www.ukconstitutionallaw.org
Mark Elliott: Judicial Review Reform — The Report of the Joint Committee on Human Rights – UK Constitutional Law Association
‘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.’
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
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
‘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.’
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
‘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.’
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
‘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”.’
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
‘Perspectives on the Criminal Justice System. Speech by Lord Justice Gross, Senior Presiding Judge.’
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
‘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?’
UK Human Rights Blog, 17th March 2014
Source: www.ukhumanrightsblog.com
Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice
‘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”.’
Judiciary of England & Wales, 4th March 2014
Source: www.judiciary.gov.uk
Bingham Centre Review into Streamlining Judicial Review Published – Blackstone Chambers
‘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.’
Blackstone Chambers, 19th February 2014
Source: www.blackstonechambers.com
Hospital closures and the rule of law – UK Human Rights Blog
“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.”
UK Human Rights Blog, 8th November 2013
Source: www.ukhumanrightsblog.com
The courts are secular, says top family judge – Law Society’s Gazette
“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.”
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
“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. ”
UK Human Rights Blog, 28th October 2013
Source: www.ukhumanrightsblog.com
Lord Neuberger on “Justice in an age of austerity” – CrimeLine
“Justice – Tom Sargant memorial lecture 2013, 15th October 2013.”
CrimeLine, 15th October 2013
Source: www.crimeline.info
The value of the rule of law to international trade and finance – Attorney General’s Office
“Speech at City of London Guildhall on the central importance to the British economy of the rule of law.”
Attorney General’s Office, 14th October 2013
Source: www.gov.uk/ago
Lord Neuberger: Don’t restrict right to judicial review – Daily Telegraph
“The Government should not restrict people from seeking judicial review, the UK’s most senior judge has warned.”
Daily Telegraph, 15th October 2013
Source: www.telegraph.co.uk
Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange
“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.”
Halsbury’s Law Exchange, 25th September 2013
Source: www.halsburyslawexchange.co.uk
