Tag: judicial independence

“She is constitutionally absolutely wrong”: The Lord Chief Justice on the Lord Chancellor

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?

Of Black Spiders and Constitutional Bedrock: The Supreme Court’s Judgment in Evans

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

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Beyond Sark: The implications of the Barclay case

Although at one level astonishingly complex, the issues at stake in R (Barclay) v Secretary of State for Justice (No 2) [2014] 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

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Lord Neuberger on the rule of law and access to justice

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

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Prince Charles, freedom of information, judicial review and the separation of powers: R (Evans) v Attorney-General

The Administrative Court gave judgment earlier today in R (Evans) v Attorney-General [2013] 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

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The Lord Chief Justice on judicial independence and the rule of law

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

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