‘Fundamental human rights are reported to have diminished in almost two-thirds of the 113 countries surveyed for the 2018 Rule of Law Index, amid concerns over a worldwide surge in authoritarian nationalism and a retreat from international legal obligations.’
The Guardian, 31st January 2018
Source: www.theguardian.com
‘On 1 December 2017 an event in Temple Church with the Bar Council in collaboration with Refugee Tales, an outreach project whose aim is to see the end of indefinite immigration detention, saw an announcement of new recommendations for reform of the system of immigration detention.’
UK Human Rights Blog, 12th December 2017
Source: ukhumanrightsblog.com
‘Dominic Raab addressed guests at the Policy Exchange in London for the launch of the Linklaters report ‘The Rule of Law: everyone has a part to play’.’
Ministry of Justice, 7th December 2017
Source: www.gov.uk
‘This post is in two parts. The first post (available here) addressed the detail of McCombe LJ’s judgment in Roszkowski v Secretary State for the Home Department (‘Roszkowski’) and in particular the impact of the differing judgments in R (Evans) v Attorney General (‘Evans’). This second post puts forward an alternative argument not canvassed in Evans or Roszkowski. A version of the argument was first suggested in a case note on Evans written by the author in the Modern Law Review. This second post also addresses some implications for Privacy International.’
UK Constitutional Law Association, 11th December 2017
Source: ukconstitutionallaw.org
‘I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts will not allow the executive to escape their jurisdiction is well established as part of the rule of law” and referenced, inter alia, Anisminic Ltd v Foreign Compensation Commission [1969] 2 AC 147 (HL) to support this view.’
UK Constitutional Law Association, 4th December 2017
Source: ukconstitutionallaw.org
‘Judges are being put under “intolerable pressure” by social media users who criticise their decisions, the Lord Chief Justice has said.’
Daily Telegraph, 21st November 2017
Source: www.telegraph.co.uk
‘The legal implications of leaving the EU have not been thought through, could overwhelm the supreme court and endanger the independence of the British judiciary, four senior retired judges have warned.’
The Guardian, 21st November 2017
Source: www.theguardian.com
‘A limited number of prisoners will be allowed to vote ending the UK’s total ban on prisoners voting, according to reports.’
Rights Info, 29th October 2017
Source: rightsinfo.org
‘The Bingham Centre for the Rule of Law has put together a high-powered group of 26 legal, constitutional and other experts under the chairmanship of former Attorney General Dominic Grieve QC MP to consider the implications of the EU (Withdrawal) Bill for the rule of law.’
Legal Futures, 9th October 2017
Source: www.legalfutures.co.uk
‘Alex Hawley reflects on the rise in anti-austerity sentiment & the possible impact of the Unison judgment on civil court fees.’
New Law Journal, 15th September 2017
Source: www.newlawjournal.co.uk
‘This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them roughly according to the way they come out in his piece. I then examine each in greater detail giving my own views. Finally, I will conclude with some general points about constitutionalism and individual cases.’
UK Constitutional Law Association, 18th September 2017
Source: ukconstitutionallaw.org
‘A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC 51 and R (Evans) v Attorney-General [2015] UKSC 21 are the beginning of the end of the principle’s unrivalled reign. Two especially thorny constitutional issues arose in both cases. One concerns the extent to which statutory interpretation can be used as a tool to resolve conflicts between cherished constitutional values (such as the rule of law) and the explicit wording of a statute. Just as importantly, a distinct question of constitutional interpretation arises with regard to deriving meaning from such values; in other words, how are courts to determine what the “rule of law” in fact demands? What is at stake in this second debate is exemplified by the controversy surrounding the doctrine of substantive due process in the constitutional law of the United States. Whilst it is clear that UNISON and Evans embody a forceful judicial response in the face of inroads on the rule of law, it is less clear what approach courts will take to interpreting constitutional principles in the future.’
UK Constitutional Law Association, 12th September 2017
Source: ukconstitutionallaw.org
‘The government has been accused of undermining the rule of law by putting pressure on an independent regulator in its action against a legal firm pursuing claims of human rights abuses involving British troops in Iraq.’
The Guardian, 22nd July 2017
Source: www.theguardian.com
‘Speech delivered by the Lord Chancellor at a HM Judges’ dinner at Mansion House, 6th July 2017’
Source: www.crimeline.info
The UK Jurisdictions After 2019 (PDF)
Sir Geoffrey Vos, Chancellor of the High Court
Lecture to the Faculty of Advocates, 20th June 2017
Source: www.judiciary.gov.uk
‘Lionel Cohen Lecture by the Lord Chief Justice: The judiciary within the state – governance and cohesion of the judiciary.’
Courts and Tribunals Judiciary, 22nd May 2017
Source: www.judiciary.gov.uk
‘If a career on the bench is not made more attractive financially, the rule of law could be undermined, and with it lucrative industries vital to post-Brexit economic prosperity, the departing president of the Supreme Court has warned.’
Litigation Futures, 24th February 2017
Source: www.litigationfutures.com
‘Lord Neuberger, the Supreme Court president, has warned that coverage of the Brexit case risked undermining the “rule of law”. He was referring to criticism by some tabloid newspapers of the three judges involved in the Article 50 case, including one headline that branded them “enemies of the people”. In this article, we look at the meaning of this important concept and how, combined with a healthy dose of human rights, the rule of law is both a cornerstone and strengthener of the modern liberal democracy we live in today.’
RightsInfo, 19th February 2017
Source: www.rightsinfo.org
‘Theresa May has been urged by 250 legal academics to cancel Donald Trump’s state visit and scale back Britain’s support for the US until he reverses his positions on immigration, refugees, torture, climate change and judicial independence.’
The Guardian, 15th February 2017
Source: www.guardian.co.uk
‘As has been stated by several commentators, in the aftermath of Miller v Secretary of State for Exiting the EU the attacks made on the judges in the media severely threaten the independence of the judiciary, and come close to outright intimidation. Chief among these critics is, of course, Nigel Farage, leading light of the UK Independence Party. The particular focus of his populist critique of the judiciary is worth taking seriously, as it indicates the challenges the rule of law may be facing in the years to come, as we adjust to the new post-Brexit, post-Trump, populist environment.’
UK Constitutional Law Association, 18th November 2016
Source: www.ukconstitutionallaw.org
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