21 Jan 2016 | Posts
This post contains my edited and corrected evidence given to the Joint Committee on the Draft Investigatory Powers Bill on Monday 21 December 2015 on the “double lock” and the “principles of judicial review”. The “double lock” refers to the provision in clause 14 of...
13 Jan 2016 | Debates, Ekins and Forsyth on Evans, Posts
Editor’s Note: Last month Policy Exchange’s Judicial Power Project published a report by Professors Richard Ekins and Christopher Forsyth on Judging the Public Interest: the Rule of Law vs the Rule of Courts. The Project invited comments on the paper from Professor...
11 Jan 2016 | Debates, Ekins and Forsyth on Evans, Posts
Editor’s Note: Last month Policy Exchange’s Judicial Power Project published a report by Professors Richard Ekins and Christopher Forsyth on Judging the Public Interest: the Rule of Law vs the Rule of Courts. The Project invited comments on the paper from Professor...
16 Dec 2015 | Posts
In a thought-provoking post on the UK Constitutional Law Association Blog, Dapo Akande and Eirik Bjorge take issue with the defence offered by Richard Ekins and Guglielmo Verdirame of the recent change in the wording of the Ministerial Code. The change in question...
15 Dec 2015 | Debates, Ekins and Forsyth on Evans, Posts
Editor’s Note: Last week Policy Exchange’s Judicial Power Project published a report by Professors Richard Ekins and Christopher Forsyth on Judging the Public Interest: the Rule of Law vs the Rule of Courts. The Project has invited commentators with a range of views...
9 Dec 2015 | Debates, Ekins and Forsyth on Evans, Posts
Editor’s Note: Last week Policy Exchange’s Judicial Power Project published a report by Professors Richard Ekins and Christopher Forsyth on Judging the Public Interest: the Rule of Law vs the Rule of Courts. The Project has invited commentators with a range of views...
7 Dec 2015 | Debates, Ekins and Forsyth on Evans, Posts
Editor’s Note: Last week Policy Exchange’s Judicial Power Project published a report by Professors Richard Ekins and Christopher Forsyth on Judging the Public Interest: the Rule of Law vs the Rule of Courts. The Project has invited commentators with a range of views...
3 Dec 2015 | Publications, Publications: Critiquing Judicial Power
Download report The judiciary is guilty of overreaching its constitutional remit by overruling Ministers’ decisions whether to release material not deemed to be in the public interest. In Judging the Public Interest, Prof Richard Ekins (University of Oxford) and Prof...
3 Dec 2015 | Debates, Ekins and Forsyth on Evans, Posts
In a Policy Exchange report released today, Professor Christopher Forsyth and I argue that the Supreme Court’s most important constitutional law decision this year was dangerously wrong. The case, Evans v Attorney General [2015] UKSC 21, concerned the Attorney...
2 Dec 2015 | Events, Past events
Policy Exchange was delighted to host a panel discussion including the former Chancellor of the Exchequer, Rt Hon Alistair Darling; Lord Hoffmann, former Law Lord; and Lord Justice Bean. The discussion, chaired by Baroness O’Neill of Bengarve, CH, CBE, FBA, is to...
26 Nov 2015 | Posts
In a new blog for the Judicial Power Project, Mikolaj Barczentewicz, a Lecturer in Law at the University of Oxford’s Jesus College, looks at the relationship between national law and EU law. Barczentewicz writes that UK domestic courts have never accepted that EU law...
19 Nov 2015 | Debates, Finnis on Judicial Power, Posts
Reflecting on Professor Finnis’ recent lecture on the past, present and future of judicial power, and on responses to the lecture, Professors Ekins and Gee consider how best to make the case against expansive judicial power. They argue that the public and politicians...
10 Nov 2015 | Debates, Finnis on Judicial Power, Posts
Editor’s Note: Last month Policy Exchange’s Judicial Power Project hosted a lecture by Professor John Finnis on Judicial Power: Past, Present and Future. The Project has invited leading commentators from Australia, Canada and the UK to reply to the lecture. In keeping...
5 Nov 2015 | Debates, Finnis on Judicial Power, Posts
Editor’s Note: Earlier this month Policy Exchange’s Judicial Power Project hosted a lecture by Professor John Finnis on Judicial Power: Past, Present and Future. The Project has invited leading commentators from Australia, Canada and the UK to reply to the lecture. In...
3 Nov 2015 | Debates, Finnis on Judicial Power, Posts
Editor’s Note: Earlier this month Policy Exchange’s Judicial Power Project hosted a lecture by Professor John Finnis on Judicial Power: Past, Present and Future. The Project has invited leading commentators from Australia, Canada and the UK to reply to the lecture. In...
2 Nov 2015 | Posts
In a blog for Policy Exchange’s Judicial Power project, Professor John Finnis argues, “The 2015 revision to the ministerial code has been heavily criticized, in the past fortnight, by former Ministers and government legal advisors and other weighty legal persons....
28 Oct 2015 | Posts
The Prime Minister has changed the Ministerial Code. The Code had said that it ‘should be read [against] the background of the overarching duty on Ministers to comply with the law including international law and treaty obligations’. The Code now says that it ‘should...
21 Oct 2015 | Finnis on Judicial Power, Publications, Publications: Critiquing Judicial Power
Below is the text of the speech delivered by Professor John Finnis FBA at the relaunch of Policy Exchange’s Judicial Power Project, with an introduction from Lord Chancellor Rt Hon Michael Gove MP and a Vote of Thanks from Rt Hon Lord Justice Elias, himself a...
20 Oct 2015 | Posts
The next few months will see animated debate about judicial power. We welcome this debate. The proper reach of and limits on judicial power in our constitution ought to be widely discussed. It is vital that the expansion of judicial power that has occurred in recent...
12 Oct 2015 | Events, Past events
Video and a text of this event can be found here. Policy Exchange is delighted to invite you to a lecture by John Finnis FBA, Professor Emeritus of Law & Legal Philosophy at the University of Oxford, on the past, present and future of judicial power. The lecture...
30 Mar 2015 | Publications, Publications: 'Lawfare' and Judicial Power
Download report Misguided human rights laws mean British troops operating in the heat of battle are now being held to the same standard as police officers patrolling the streets on a Saturday night in the West End, according to Clearing the Fog of Law. The report,...
9 Mar 2015 | Events, Past events, Publications, Publications: Critiquing Judicial Power
Below is a transcript of the speech delivered by Professor Jeffrey Goldsworthy at the launch of Policy Exchange’s Judicial Power Project. You can also download a copy of the speech in pdf format here. 1. INTRODUCTION I am honoured to have been invited to launch...
18 Oct 2013 | Publications, Publications: 'Lawfare' and Judicial Power
Download report Britain’s Armed Forces are under threat from a sustained legal assault which could paralyse the effectiveness of the military with catastrophic consequences for the safety of the nation. A new Policy Exchange report, The Fog of Law, co-authored by Tom...
