Prisoners Will Finally Be Given The Vote, Say Reports – Rights Info
‘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
Category: rule of law
High-powered group of legal and constitutional experts to consider rule of law implications of Brexit Bill – Legal Futures
‘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
Fee change: all change? – New Law Journal
‘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
Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain – UK Constitutional Law Association
‘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
Michal Hain: Guardians of the Constitution – the Constitutional Implications of a Substantive Rule of Law – UK Constitutional Law Association
‘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
Ministers ‘undermined law’ over Iraq war crimes allegations – The Guardian
‘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 – Crimeline
‘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 – Sir Geoffrey Vos, Chancellor of the High Court
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
‘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
Neuberger: “Barristers increasingly shunning judicial careers” – Litigation Futures
‘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
Why The Rule Of Law Matters More Than Ever – RightsInfo
‘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
UK legal academics urge PM to cancel Donald Trump’s state visit – The Guardian
‘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
Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment? – UK Constitutional Law Association
‘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
New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association
‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’
UK Constitutional Law Association, 5th October 2016
Source: www.ukconstitutionallaw.org
Tax avoidance sanctions proposals “threaten rule of law” – Legal Futures
‘Government proposals to clamp down on tax avoidance by targeting advisers with sanctions if HMRC successfully challenges a scheme further blur the line between evasion and avoidance, and “threaten the rule of law”, according to a prominent tax lawyer.’
Legal Futures, 18th August 2016
Source: www.legalfutures.co.uk
We ignored the rule of law – the result was Iraq – The Guardian
‘By acting in defiance of the UN charter, as I warned when I was a Foreign Office lawyer in 2003, we put our reputation at risk. So it has proved.’
The Guardian, 7th July 2016
Source: www.guardian.co.uk
Sharia law review issues call for evidence – Home Office
‘Individuals with experience of sharia law are being urged to take part in an independent review into its use.’
Home Office, 4th July 2016
Source: www.gov.uk/home-office
Has the rule of law ever been more important? – Legal Futures
‘Post-Brexit the separation of powers could be said to be all that is holding this nation together. The Executive is in tatters and Parliament has entered a hiatus without an effective opposition. The only element of our constitutional framework which carries on without pause is the judiciary. It’s a moving proposition to think that those who daily work in courts and public services decimated by cuts are the ones who right now form the only fully functioning element of government.’
Legal Futures, 4th July 2016
Source: www.legalfutures.co.uk
Speech by the Lord Chief Justice: The Bailii Lecture 2016 – Courts and Tribunals Judiciary
‘As is well known, the development of the law in England and Wales was effected not only through cases where the claims were brought in the courts, but through claims that were brought in arbitrations. In 1979 (by statute) and 1981 (by Lords Denning and Diplock through an interpretation of that statute), the relationship between the courts and arbitration was changed on the perceived basis that it was damaging the attractiveness of London as a centre for dispute resolution through arbitration.’
Courts and Tribunals Judiciary, 18th March 2016
Source: www.judiciary.gov.uk
