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...