The Daily Mail called the judges who decided the Miller Article 50 case "enemies of the people". What, asked the House of Lords Constitution Committee, did the Lord Chief Justice make of the Lord Chancellor's lacklustre response to such media criticism of the judiciary?
Tag: judicial independence
The legal saga concerning the “black-spider memos” that Prince Charles is in the habit of sending to Ministers, inflicting upon them his often-eccentric views, is a long one. It has its origins in freedom-of-information requests issued to several Government departments by a Guardian journalist. Disclosure was sought of “advocacy correspondence” — that is, letters setting … Continue reading Of Black Spiders and Constitutional Bedrock: The Supreme Court’s Judgment in Evans
Although at one level astonishingly complex, the issues at stake in R (Barclay) v Secretary of State for Justice (No 2)  UKSC 54 (press summary) (judgment) can be stated relatively simply for the purpose of seeking to understand its broader significance. Article 6 of the European Convention on Human Rights requires, among other things, judicial … Continue reading Beyond Sark: The implications of the Barclay case
Last night, Lord Neuberger, the President of the UK Supreme Court, gave the 2013 Tom Sargant Memorial Lecture. His text, available here, is worth reading in full, but here are some choice excerpts. The rule of law, said Lord Neuberger, "can mean different things": At its most basic, the expression connotes a system under which the relationship between … Continue reading Lord Neuberger on the rule of law and access to justice
The Administrative Court gave judgment earlier today in R (Evans) v Attorney-General  EWHC 1960 (Admin). The case concerns a challenge to the legality of the Attorney-General’s decision to use s 53 of the Freedom of Information Act 2000 to block the disclosure of letters written to Ministers by Prince Charles. The s 53 veto … Continue reading Prince Charles, freedom of information, judicial review and the separation of powers: R (Evans) v Attorney-General
Lord Judge, the Lord Chief Justice, spoke about judicial independence in his Mansion House speech this week. (The full text of the speech is available here on the CrimeLine Blog, and there is a report on the Telegraph website.) Lord Judge warned that we must remain vigilant against the slightest encroachment on judicial independence, not because judicial independence represents … Continue reading The Lord Chief Justice on judicial independence and the rule of law