19 Nov 2018 | Publications, Publications: Critiquing Judicial Power
The Inner House of the Court of Session in Scotland acted wrongly in referring to the Court of Justice of the EU the question of whether the UK can unilaterally revoke Article 50 and so remain in the EU. As the UK Supreme Court urgently considers the Government’s...
27 Mar 2017 | Posts, Publications, Publications: Critiquing Judicial Power
Judges do not understand enough about the parliamentary process to be able to make sense of many of the materials they are required to handle, including the text of Acts of Parliament and subordinate legislation. The starting point for the paper is the increasing...
2 Dec 2016 | Posts, Publications, Publications: Brexit and Judicial Power, Publications: Critiquing Judicial Power
Following on from his three Judicial Power Project papers on Miller, Professor John Finnis delivered the Sir Thomas More Lecture at Lincoln’s Inn on ‘Brexit and the Balance of Our Constitution’, on 1 December 2016. The lecture provided powerful...
24 Nov 2016 | ALBA Papers on Judicial Activism, Posts, Publications, Publications: ALBA Papers on Judicial Activism, Publications: Critiquing Judicial Power
Part of our series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. A pdf version of this post can be found here. These brief marginal comments on Dame Elisabeth Laing’s interesting, important, and enviably readable “shop floor” reflections in her...
6 Jun 2016 | Posts, Publications: Critiquing Judicial Power, Varuhas on Judicial Review and Political Accountability
In a Policy Exchange report released today I examine the increasing capture of political accountability mechanisms by courts. Institutions such as the Parliamentary Ombudsman are intended to operate in the political sphere, securing government accountability through...
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...
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...
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...
