All articles by Joshua Rozenberg – Page 16
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News
Does the UK need a comprehensive constitutional framework?
This week’s announcement of a referendum on whether MPs should be elected under the alternative vote system is the latest example of Britain’s piecemeal approach to constitutional reform. Surely we should step back and take a broader view of how we govern the UK?
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MPs' expenses abuse case raises issues fundamental to the rule of law
Three former MPs and a peer will ask the Court of Appeal next week to rule that the Crown court has no jurisdiction to try them on charges of false accounting. Elliott Morley, David Chaytor, Jim Devine and Lord Hanningfield deny supplying false information in support of their expenses claims. ...
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We have only vague pledges from the government
By rights, I should be analysing parliament’s legislative programme this week. Five weeks after a general election, you would expect to be reading about the latest crop of government bills.
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Leading international law experts overlook high-profile failures
Ditchley Park is a sublimely beautiful 18th century mansion in Oxfordshire where the Ditchley Foundation holds impeccably well-run conferences on international affairs. Last weekend, the state of international law was debated by some of the world’s leading experts. I was there too.
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Can the hundreds unable to vote at the general election sue?
People who were denied the right to vote at the general election can sue the Electoral Commission, according to Geoffrey Robertson QC. Interviewed last Friday, Robertson suggested that disenfranchised voters would receive compensation of at least £750. That just happens to be the figure that ...
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Will parliamentary privilege protect ex-MPs from prosecution over expenses?
In a month’s time, lawyers for three former Labour MPs will try to persuade Mr Justice Saunders that he has no jurisdiction to try them on charges of false accounting.
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Lord chief justice has emphasised the importance of judicial independence
If there is one legal issue that’s likely to make headlines during the election campaign, it is human rights. So there was some surprise when the lord chief justice touched on such a controversial topic in a speech released just a few days before the election was called – even ...
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Scotland’s high street solicitors are on the march against ‘Tesco law’
The government wants to open up the legal market and give consumers more choice by lifting restrictions that prevent solicitors from working in business structures that include non-lawyers. Sounds familiar? Not when I tell you that the government’s plans were almost derailed last week by high ...
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Proposals to restrict the right to prosecute ‘universal jurisdiction’ offences
Lawfare was first defined in 2001 as ‘the use of law as a weapon of war’. Last week, it was the focus of an important conference in New York organised by the newly-established Lawfare Project. The metaphor of war is never far from the courtroom. ...
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Two assaults on press freedom have been defeated, but will anything change?
To anyone who follows parliamentary affairs, last week must have seemed a good one for the press. Potential threats to free speech melted away, not just once but twice. But I suspect that we are not much better off as a result.
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Reaction to terrorism judgments has not inspired confidence
Maintaining the rule of law in the face of international terrorism is the greatest challenge our legal system faces. Over the past few weeks, the courts have shown themselves capable of delivering robust judgments. It’s what happened afterwards that inspires rather less confidence.
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Lawyers who merit judicial appointment are not reaching the bench
When I was very young – in 1994, to be precise – I published a book in which I called on the lord chancellor to hang up at least one and preferably two of his three wigs. ‘We would then have an independent speaker in the House of Lords, an ...
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Scottish court ruling raises questions about overturning legislation
Will the courts ever quash an act of parliament? The orthodox answer is, of course, ‘no’ – although there were hints to the contrary in the Jackson case of 2005 when the law lords dismissed a challenge to recent fox-hunting legislation. Earlier this month, though, ...
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When it comes to paying bribes, can the end justify the means?
The biggest reforms to the law of bribery for more than a century will come under detailed scrutiny today as the government’s Bribery Bill begins its committee stage in the House of Lords. You would expect a bill of this sort to criminalise both the person ...
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New laws strengthen the influence of the Law Commission proposals
For a body that exists to promote reform of the law, the Law Commission has surprisingly little legislation that it can call its own. There is little more than a statute enacted in 1965, setting up a body to review the law ‘with a view to its systematic development... simplification ...
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New commission chairman planning to reform adult social care law
The Law Commission is planning ‘very important and potentially very exciting’ reforms to the law on social care for adults, the commission’s new chairman said in an interview for the Gazette. Sir James Munby, who now sits in the Court of Appeal as Lord Justice Munby, ...
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New Law Commission chairman planning to reform adult social care law
The Law Commission is planning ‘very important and potentially very exciting’ reforms to the law on social care for adults, the commission’s new chairman said in an interview for the Gazette. Sir James Munby, who now sits in the Court of Appeal as Lord Justice Munby, ...
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Why newspapers lack interest in court reporting
The name Mike Taylor is not one that many lawyers will recognise, even though he has spent his entire working life writing about the law. In an extraordinary 42 years at the Press Association law courts news service, he reported countless cases in the High Court, ...
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Supreme Courts appointments process - need for change?
Arrangements to fill the 12th seat on the Supreme Court bench should be well under way by now, with no more applications being accepted for the vacancy.
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An online legal information resource will provide a clear advantage
Take the slow train out of Leeds and head west, past Halifax. Just before you leave Yorkshire for Lancashire, you’ll find a picturesque village called Mytholmroyd – which you should pronounce like thyroid, not mistletoe. Climb the steep hill by the Methodist chapel, walk past ...