The European Court of Justice is not an impartial court and has no role to play in post-Brexit EU-UK relations
In an article in the Guardian last week, Baroness Kennedy QC adds her influential voice to the current war of words on the UK’s Brexit ‘divorce bill’ and the post-Brexit role of the EU Court of Justice. She broadly supports the EU’s maximalist position based on the...
Derogation from the European Convention on Human Rights in Armed Conflict: Submission to the JCHR
As is now well known, Brexit does not affect the UK’s commitment to the European Convention on Human Rights (ECHR). The European Court of Human Rights (ECtHR) in Strasbourg will continue to be able to determine whether UK law and Government actions are compliant...
Tom Tugendhat MP discusses the “Fog of Law”
Listen Tom Tugendhat MP discusses the enquiry into abuse by British soldiers in Afghanistan. In the segment he cites the Policy Exchange report “The Fog of Law”, which he co-authored . The segment starts 49:25 into the show. Related Publications...
Policies for change – the role of the courts
Former First Parliamentary Counsel Sir Stephen Laws describes how judicial review of policy has a chilling effect on political decision making, diminishing democratic accountability. He says that judicial functions instead need to leave room for political...