Robert Stevens: The Proper Limits of Judicial Law-Making

Robert Stevens: The Proper Limits of Judicial Law-Making

Editors Note: In this post, Professor Robert Stevens replies to Baroness Hale’s keynote lecture to the Society of Legal Scholars in September 2016 (Baroness Hale’s lecture can be read here, and a video of the lecture viewed here). It is an honour to have been...
Richard Ekins: Can the courts block Brexit?

Richard Ekins: Can the courts block Brexit?

Not everyone is taking last week’s vote well. There have been calls for a second referendum or for Parliament simply to ignore the result. Whatever one thinks about the outcome of the referendum, these are not sensible suggestions, as I argue elsewhere. They are...
Daniel Greenberg: Human rights and reductio ad Hitlerum

Daniel Greenberg: Human rights and reductio ad Hitlerum

This site maintains an interest not only in the substance of human rights and other law, but also in the manner in which it is debated. A good example of how not to discuss human rights is found in an article by Adam Wagner in The Times of Israel / Jewish News...
Simon Lee: From judge-shaming to judiciousness-sharing

Simon Lee: From judge-shaming to judiciousness-sharing

Sir Stephen Sedley, possibly the most radical lawyer to have become a judge in the UK, has pointed out that, ‘Left to journalists, commentary on the law and the legal system is sometimes excellent but frequently jejune and agenda-driven’. Joshua Rozenberg, the...
Lisa Burton Crawford: The limits of Australian administrative law

Lisa Burton Crawford: The limits of Australian administrative law

In 2008, Michael Taggart famously described Australian administrative law as ‘exceptional’. The description has stuck — and it has a hint of the pejorative. It captures a certain sense of frustration if not disapproval: that Australian administrative law has failed to...
Aileen McHarg: 50 Problematic Cases – A Comment

Aileen McHarg: 50 Problematic Cases – A Comment

Any list of ‘problematic’ cases is bound to be controversial.  There are several reasons why this is so. First, as the editors acknowledge in their introductory essay, there are different ways in which cases might be problematic: They may contain bold or unexpected...
Simon Lee: A Problematic Manifesto?

Simon Lee: A Problematic Manifesto?

Only a couple of my own Top 10 problematic cases made the Judicial Power Project Top 50. So is it the judges who are problematic or the critics or just me? For all the fun of this list, it is salutary to wonder if our praise or criticism of a judgment or judge tells...
Judicial Power: 50 Problematic Cases

Judicial Power: 50 Problematic Cases

One of the aims of the Judicial Power Project is to stimulate debate about the proper bounds of the judicial role. As visitors to this website will know, our concern is that the judicial role is expanding in ways that threaten constitutional self-government and the...
Jonathan Morgan: On the Intractability of the Human Rights Debate

Jonathan Morgan: On the Intractability of the Human Rights Debate

The human rights debate is frequently rancorous.  A major reason for this is that the protagonists are often just talking past each other.  Hence not debating the same thing at all.  The varying degrees of generality at which human rights may be understood explains...
Richard Ekins: Assisted suicide in the (Scottish) courts

Richard Ekins: Assisted suicide in the (Scottish) courts

The question of whether the law should prohibit assisted suicide is an ongoing controversy in many Western democracies. It is a question about which reasonable people disagree and which different political communities have answered in different ways. In the American...
Sir Stephen Laws: Policies for change – the role of the courts

Sir Stephen Laws: Policies for change – the role of the courts

The issue 1. Professor John Finnis, in his October 2015 lecture “Judicial Power – Past Present and Future”, said that “‘Past, present and future’ captures a good deal of the truth…about the distinctions between judicial, executive and legislative powers.” On this...
Rebecca Elvin: Who should decide who decides the public interest?

Rebecca Elvin: Who should decide who decides the public interest?

Who is best placed to determine the public interest – judges or politicians? In a lecture at UCL last week Attorney General Jeremy Wright QC MP addressed this question, with the President of the Supreme Court, Lord Neuberger, serving as commentator. This unusually...
James Allan: Wiki-Mouse Reasoning from a UN Panel

James Allan: Wiki-Mouse Reasoning from a UN Panel

A UN Panel has found in favour of the claim made by Julian Assange, of WikiLeaks notoriety, that he has been subjected to ‘arbitrary detention’. This Panel, by a 3-1 count, recommends Mr. Assange’s immediate release and (for good measure) some monetary compensation....