The rule of law is an axiomatic part of the British constitution. But in order to understand the rule of law properly, it is necessary to consider the specific principles for which it stands — and, just as importantly, what can (and cannot) be done in order to uphold those principles.
Tag: rule of law
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
Over the last couple of weeks, I have been teaching new Constitutional Law students in Cambridge about the fundamental, architectural aspects of the UK constitution, including the rule of law, the separation of powers and the sovereignty of Parliament. The House of Lords’ rejection earlier this week of parts of a Government Bill that aimed … Continue reading What a (for now failed) attempt to curb judicial review tells us about the UK’s constitution
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
http://youtu.be/V11oUQC4aP0 I wrote recently about the what might happen if—as is an increasingly less-fanciful prospect—human rights law in the UK were to be fundamentally altered through repeal of the Human Rights Act 1998 and perhaps even withdrawal from the European Convention on Human Rights. In that piece, I suggested that while such changes would be far from … Continue reading Osborn: The common law, the Convention, and the right to an oral hearing
The case concerning the reinterring of the recently-discovered remains of Richard III has already attracted comment, including an excellent piece by Tom Hickman on the UK Constitutional Law Blog. I wish to make only some brief observations about paragraphs 20-21 of Haddon-Cave J's permission decision: Section 25 of the Burial Act 1857 confers an unfettered … Continue reading Richard III, “unfettered discretion” and the foundations of judicial review
A Tunisian man, whose British wife and son live in the UK, is excluded from the country on national security grounds. He challenges that exclusion decision by way of judicial review, but the government “terminates” the proceedings. If that sounds like a Kafkaesque nightmare, then think again. Precisely that factual matrix was at stake in … Continue reading The government’s power to terminate judicial review cases, the rule of law, and the limits of political constitutionalism
According to reports in today’s Times (£) and Telegraph, the government is planning a further set of reforms to judicial review. (I have written before about why the original proposals, published in December 2012, were objectionable—and about the fact that the government pressed ahead with many, but not all, of them, excoriating criticism notwithstanding.) Today, it … Continue reading Standing, judicial review and the rule of law: why we all have a “direct interest” in government according to 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 … Continue reading The Lord Chief Justice on judicial independence and the rule of law
A couple of weeks ago, I posted a short piece on the Government's legal aid proposals. The Bingham Centre for the Rule of Law has now submitted its response to the Consultation Paper on legal aid. In its response, of which I am a co-author, the Bingham Centre argues that the proposed reforms will have a … Continue reading Bingham Centre for the Rule of Law responds to Government’s legal aid proposals
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