18 May 2016 | Posts, Problematic Cases
Joshua Rozenberg’s ‘A judge-shaming list is bad for justice’, published in The Guardian on 12 May 2016. A judge-shaming list is bad for justice Judges shouldn’t be frightened to set precedents. A list of those that have ‘gone too far’ – including...
12 May 2016 | Posts, Problematic Cases
There are two approaches to immigration. The legalist focusses on the migrant, a person seen as bearing legal rights to be asserted against the nation. Legalism sees immigration as primarily a legal issue resolved by lawyers having recourse to law. The democrat...
11 May 2016 | Posts, Problematic Cases
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...
10 May 2016 | Posts, Problematic Cases
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...
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...
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 | 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...
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...
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...