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01 August 2014 / Roger Smith
Issue: 7617 / Categories: Opinion
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The rule of law

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Three recent stories underline the meaning of the rule of law in modern constitutions & politics, says Roger Smith

There was no surprise for readers of The Telegraph in leaked plans by David Cameron to make legislation against the jurisdiction of the European Court of Human Rights the “centerpiece” of the next election manifesto. On 2 February this year, they read a piece from the paper’s political correspondent to almost the same effect, save that the plan was to make it the cornerstone of the European election plan. There was one variant—originally the Supreme Court was to be the boss; now it seems Parliament (effectively the government of the day) is to have that honour.

The plan emanated from a Tory party committee chaired by the now departed Home Office minister Damian Green and containing Michael Howard and young Turks like the ambitious Dominic Raab. Behind the scenes, the issue has been pushed by the Tories’ favourite think tank, Policy Exchange, for some time. Michael Pinto-Duschinsky was their point man. In 2011 Policy Exchange published his pamphlet Bringing Rights Back Home .

Pinto-Duschinsky

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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
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