header-logo header-logo

02 December 2022 / Sir Geoffrey Bindman KC
Issue: 8005 / Categories: Opinion , Human rights , EU
printer mail-detail

Law & politics: a two-pronged attack?

102826
The ongoing assault on the judiciary, the European Convention on Human Rights & the Human Rights Act is authoritarian & undemocratic, says Sir Geoffrey Bindman KC

Prime Minister Rishi Sunak, in his first public statement, committed his government to implementing the Conservative Party’s 2019 manifesto, listing several of its promises but omitting any reference to those affecting our legal system. Under the heading ‘Protect our democracy’, the manifesto promises to ‘update the Human Rights Act’ and to ensure that ‘judicial review is… not abused to conduct politics by another means or to create needless delays’. It says: ‘In our first year we will set up a Constitution, Democracy and Rights Commission that will examine these issues in depth.’

This did not happen. Instead, the Johnson government created separate commissions chaired by senior lawyers—one an ex-Conservative minister Lord Faulks, the other Sir Peter Gross, a retired Lord Justice of Appeal—to examine administrative law and human rights. Both poured cold water on the government’s intentions, but the government did not change its plans. Dominic Raab (pictured), in his first

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll