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13 November 2009 / Sir Geoffrey Bindman KC
Issue: 7393 / Categories: Opinion , Constitutional law
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Time to write it all down?

The Constitutional Reform and Governance Bill had its second reading last month. It is the latest instalment in a programme of constitutional reform, which the government has been pursuing in a leisurely and random fashion since it came into power in 1997.

The Constitutional Reform and Governance Bill had its second reading last month. It is the latest instalment in a programme of constitutional reform, which the government has been pursuing in a leisurely and random fashion since it came into power in 1997.

The new Bill has been trumpeted as ending the hereditary principle in the House of Lords. It does little else to repair the “democratic deficit”— the yawning imbalance of power in favour of the executive as against Parliament and the electorate. A coherent plan of reform is long overdue.

The UK is, of course, famous for its lack of a written constitution. Over the centuries a body of practices and conventions has gained acceptance which many regard as a sufficient basis for stable government.

Yet weaknesses in our system have emerged which impose increasing strains on this

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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