header-logo header-logo

13 March 2008 / Roger Smith
Issue: 7312 / Categories: Opinion , Public , Legal services , Constitutional law
printer mail-detail

Winter ends with some maverick voices and an unlikely DNA trio

The NLJ column

February and March are always good months for lectures. The long evenings keep people inside. This season provided a good crop of images on the current hot topic on the circuit, the role of the judiciary. Rick Rawlings, newly inaugurated as the head of UCL’s law school, added “spaghetti junction” as a model for how judicial review is melding different historical sources—the European Union, European Court of Human Rights, private international law, the common law and various truncated statutory forms. From the consequent mix, the European concept of proportionality rises triumphant over old-fashioned, domestic rationality— desirable or not according to your view.

 

ALTERED STATES

Meanwhile, Professor Aharon Barak, once chair of the Israeli Supreme Court, waxed lyrical in the second Law Commission lecture. Judges, he argued, even in extremis, should avoid allowing the state to assume additional powers during times of emergency. To do so was like “leaving a loaded gun around” and “courts should reflect history not hysteria”. Professor Barak did not, however, attain his high office

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll