The Lord Chancellor’s attitude to public interest litigation threatens the rule of law and the constitutional separation of powers,
writes Sir Stephen Sedley.
In 1916 the secretary of the Anti-German Union, Sir George Makgill, brought judicial review proceedings to remove from the Privy Council two wealthy Jewish philanthropists; Sir Ernest Cassel (who had actually converted to Catholicism) and Sir Edgar Speyer, on the ground that, although both were British subjects, they were not British-born.
The Blair Government dismantled our legal system overnight. The present Government has installed a politician as Lord Chancellor. Sir Stephen Sedley examines the consequences and warns of government’s growing practice of kite-flying.
Writers on the British constitution have always faced the problem that, contrary to what Mr Podsnap thought, it cannot simply be held up to the light and admired. The constitution is simultaneously a description of how, for the moment, we are governed and a prescriptive account of how we ought to be governed. In both respects (the former much more than the latter) it undergoes constant change; and there are concerns, highlighted by the radical changes currently being made to the legal aid system, that the process may be accelerating into a critical and damaging phase.
“No man is allowed to be a judge in his own cause” and yet surely a judicial oath is an answer to the appearance of partiality? Sir Stephen Sedley looks at the tests for recusal and who decides upon them.
Few people in this country, I would guess, reading the headnote above, attached to the official report of a recent decision of the US Supreme Court, would regard it as a difficult case.
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
Giovanni D’Avola explores the issue of over-citation of unreported cases and the ‘added value’ elements of a law report
Louise Crush explores the key points and opportunities for tax efficiency
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Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Most of us like to think we would risk our career in order to meet our ethical obligations, so why have so many lawyers failed to hold the line? asks Flora Page
If your current practice environment is bringing you down, seek a new one. However daunting the change, it will be worth it, says Anon Barrister
Creating advocacy opportunities for juniors is now the expectation but not always easy to put into effect. Tom Mitcheson KC distils developing best practice from the Patents Court initiative already bearing fruit
National courts are now running the bulk of the world’s war crimes cases and corporate prosecutions are part of this growing trend, reports Chris Stephen
Sam Townend KC explains the Bar Council’s efforts towards ensuring a bright future for the profession
