All articles by Joshua Rozenberg – Page 14
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News
The National Archives is recruiting volunteers to update the statute book
Ignorance of the law is, notoriously, no excuse. But the individual citizen has never had access to a free, up-to-date account of what the law is on any particular topic. Acts of parliament can be consulted in public libraries (if there are any left) but a printed copy is only ...
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Two High Court cases focus on the legality of assisted dying
Next week the High Court will begin hearing two cases that raise profound ethical issues. The question in each case is whether it can ever be lawful to help another person take their own life. This is a subject on which we might reasonably have expected ...
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Government must not ignore Strasbourg’s overtures on prisoner voting
How did the government get itself into such a mess over prisoners voting? After human rights judges stretched out the hand of friendship to the UK last week, David Cameron promptly bit it off, willingly giving parliament an undertaking that he would not succumb to what one MP had described ...
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Has attack warning come too late?
Professionalism is under threat. So said Lady Justice Hallett in a little-noticed speech at the end of March to the Solicitors Association of Higher Court Advocates (SAHCA). Dame Heather Hallett’s concerns were echoed by Baroness Deech, chair of the Bar Standards Board, in a lecture she gave at Gresham College ...
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Marriage Foundation motives are laudable
Was Mr Justice Coleridge wise to arrange such a very public launch for his Marriage Foundation this week? Whether or not you support its aims - and I do, for reasons I will explain - you may well wonder whether a serving family judge should campaign for one kind of ...
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Balancing exercise: privacy and press freedom
Lord Grabiner QC is the lawyer you saw sitting in a row of seats behind Rupert Murdoch when the newspaper owner gave evidence to a Commons committee last July and ended up with a custard pie in his face. Grabiner was there because he chairs the management and standards committee ...
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Who’s in the running for top jobs at the ECtHR and Supreme Court?
By the time the courts adjourn for their next holiday break, we shall know who will be taking two highly influential judicial posts. The UK judge at the European Court of Human Rights (ECtHR) will sit on every case brought against the British government in Strasbourg. The president of the ...
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Breaking the silence
It is perhaps ironic that a lecture by a judge on when it might be appropriate for judges to speak to reporters should have remained unnoticed by reporters until two weeks after it was delivered.
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Reform could curtail Strasbourg
The government has high hopes of reaching an agreement in Brighton next month that will lead to major reforms to the European Convention on Human Rights and the court in Strasbourg that enforces it. Britain’s proposals are set out in a draft declaration which the government hopes will be approved ...
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Politicians appreciate the value of investigative journalism
What future does investigative journalism have in an age when reporters face arrest and courts develop privacy laws? That was the question raised in a report published last week by the House of Lords communications committee. The select committee’s starting point was that ‘responsible investigative journalism ...
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Media is permeating the judicial process
The Supreme Court seems to have settled down well at its new home in Parliament Square. In the main courtroom, frosted glass has been installed on the doors behind the judicial bench so that spectators can no longer gaze into one of the judges’ rooms. The judges’ microphones are now ...
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UK courts have misunderstood a fundamental provision of the Human Rights Act
‘Cameron tells Euro judges to stop meddling in British justice,’ the Mail on Sunday headlined its well-sourced report at the weekend. Anticipating the prime minister’s speech to the Council of Europe’s parliamentary assembly on Wednesday afternoon, the newspaper said that David Cameron would demand major reforms to the European Court ...
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News
Proposed procedures are misguided
Government moves that would further undermine open justice have been attacked by the very lawyers on whom ministers rely to support the existing system of closed courts. It’s a major setback for the security service, which persuaded justice secretary Kenneth Clarke to endorse the reforms in a green paper on ...
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How safe is it to store confidential client data in the cloud?
As a freelance journalist, I like the idea of storing all my documents ‘in the cloud’ rather than on whichever of my computers I happen to be using at the time. If I need to check an item urgently, I can download it wherever I happen to be - borrowing ...
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Is the so-called ‘forum bar’ really the panacea claimed by campaigners?
Was the government’s recent extradition review one-sided? The highly experienced extradition solicitor Karen Todner complained in last week’s Gazette that the Scott Baker inquiry did not interview a single defence practitioner.
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News
European Court of Human Rights reform may be supported
On Monday, the UK took over the political leadership of the body that runs the European Court of Human Rights. Last Friday, the UK’s judge in Strasbourg, Sir Nicolas Bratza, became president of the court. Will the Brits make a difference?
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The Baker report on extradition law is something to build on
When Sir Michael Bichard was finalising his report on child protection measures after the Soham murders of 2002, he took some trouble to ensure the institutions he was about to criticise would give his recommendations a fair wind. On the BBC’s Law in Action this week, he told me how ...
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The politics of judicial independence
Did magistrates and judges help bring an end to the riots that ravaged English city centres in August? I suspect the prime minister’s decision to put additional police on the streets made more of an impact, but it seems reasonable to suppose that some unexpectedly tough sentences, reviewed by the ...
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Government’s replacement for control orders has come under critical scrutiny
What’s the difference between a control order and a terrorism prevention and investigation measure? The current equivalent of house arrest has a succinct but sinister-sounding title; its forthcoming replacement, though more explicit, is destined to become a near-acronym (TPIM, pronounced ‘T-pim’) and does not lend itself to the creation of ...
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Book offers many compelling insights into the use of legal terminology
It’s always a pleasure to find that a publisher has sent me a book for review. Sometimes the pleasure evaporates as soon as I open the packaging: polemics and monographs are not my favourite bedtime reading. My heart also tends to sink when I find ...