Judicial Capture of Political Accountability

 

Judicial Capture of Political Accountability examines the increasing capture of political accountability mechanisms by courts. It focuses upon developments in judicial review of the Ombudsman process, and shows how these developments are emblematic of wider, troubling trends that are plunging judicial review into a legitimacy crisis.

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Judicial Power: 50 Problematic Cases

 

With help from colleagues in the academy and legal profession, the Judicial Power Project presents a list of 50 “problematic” cases from UK and European courts.

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Judging the Public Interest: The rule of law vs. the rule of courts

 

Judging the Public Interest examines the Supreme Court’s quashing of the Attorney General’s decision to block disclosure of the Prince of Wales’ correspondence with ministers. The report argues that, in doing so, the judiciary confused the rule of law with the rule of courts and overstepped its constitutional limits. It recommends that Parliament act swiftly to overturn this wayward judgment, reaffirming the rule of law and Parliamentary authority.

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Latest Blogs


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Latest Publications


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Latest Events


“Staying the course: managing challenges to UK energy policy”

Policy Exchange host a discuss on the scale and pace of change needed for the UK to achieve its future decarbonisation goals. read more


Latest Events


Governing Power: Improving the administration of the GB energy industry

Policy Exchange hosts a discussion on how our energy industry are markets are run. read more


Upcoming Event


Rethinking CO2: how can we put it to use?

Policy Exchange hosts the Rt Hon Lord Deben PC and others to discuss the potential of Carbon Capture and Use technologies. read more

Judicial Policy Project

Commonwealth flag

Ignore the straw men, the Commonwealth can still be a big part of our post-Brexit settlement

Ignore the naysayers - the Commonwealth can be a big part of the UK's future. This is the message from Policy Exchange's Ralph Buckle, also Director and Co-Founder of Commonwealth Exchange (CX), who argues that numerous straw men have been raised during CHOGM. On trade and co-operation, the UK has many friends outside the EU who will be eager to reinvigorate old ties.
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Commonwealth flag

Commonwealth Summit – A new opportunity for an old institution?

Does the presence of an Indian Prime Minister after several years of absence, Brexit and a return to great power politics offer a new role for the Commonwealth?
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Fixing roofs in the sunshine – why central banks must reconsider loose monetary policy

Central banks should use the relatively benign economic conditions to reorientate money policy argues Warwick Lightfoot – himself former special adviser to three chancellors. As the world economy has recovered, central banks need to re-examine their lax approach to tools such as interest rates so that they can respond to any future crisis. Not doing so will leave their arsenals worryingly empty.
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Network problems: The peculiar case of home heating in Northern Ireland

The recent cold snap – and the ensuing spike in home heating oil prices – underscores the decarbonisation challenge in Northern Ireland, argues Policy Exchange’s Matt Rooney.
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Good Friday Agreement

The Good Friday Agreement is in relatively good health

20 years on from the Good Friday Agreement, Lord Bew – Emeritus Professor of Irish Politics, Queen's University Belfast – finds the accord in relatively good health. Despite concerns generated by the UK's decision to leave the EU, cross-party support for the Agreement has increased and there are signs that the DUP & Sinn Fein are gearing up to try to restore power sharing.
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Child taking test

Why new tests will help teachers give extra support to those pupils that need it

Policy Exchange's John Blake – himself a former teacher – appeared on the Today programme to argue that new tests for young children will help teachers identify which children need extra support. In this blog, he says that, done properly, children will not know they are being tested and so union-led scaremongering should be ignored.
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Fireman

More Police and Crime Commissioners take over fire and rescue services – good news for frontline services

Policy Exchange’s Director of Research & Strategy Rupert Oldham-Reid welcomes the announcement that 3 more PCCs are taking over local fire & rescue services. He argues that this policy - which came from Policy Exchange - is good for taxpayers, local people and strengthens democracy.
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Fintech

Why isn’t the FinTech market a fin4all?

Policy Exchange's latest recruit, Jos Henson-Gric, who previously worked in FinTech in the UK and Europe, looks at the Chancellor's speech on FinTech and the Government's new strategy and asks if it's missing a trick when it comes to banking for those on low incomes.
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NATO

The collective action to Russia was in part a result of the UK’s firm unilateral response

Policy Exchange's Professor John Bew, whose essay on the Skripal affair was discussed on the Today programme, argues that the UK's initial response to Russian aggression paved the way to wider, collective action.
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Human Rights and Political Wrongs

Commentary on Sir Noel Malcolm’s “Human Rights and Political Wrongs”

Following the publication of Sir Noel Malcolm’s Human Rights and Political Wrongs, Policy Exchange’s Judicial Power Project has published five responses to his book by eminent legal and philosophical scholars. The short commentaries by Baroness O’Neill, Lord Phillips, John Finnis, John Tasioulas and Guglielmo Verdirame interrogate and complement Sir Noel’s work.
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Latest Publications

Second-Guessing Policy Choices: The rule of law after the Supreme Court’s UNISON judgment

In the UNISON case, the Supreme Court quashed the Government’s use of its statutory power to impose fees for employment tribunal proceedings. It ruled that the fees were unlawful because the level at which they had been set had the effect in practice of limiting access to justice. The judgment has been widely hailed as a victory for access to justice and another case in which courts have defended the rule of law from the executive. In this new paper for Policy Exchange’s Judicial Power Project, former First Parliamentary Counsel Sir Stephen Laws argues that the Supreme Court went badly wrong in the UNISON case, taking over a policy question that was not for it to decide.

Does Political Criticism Of Judges Damage Judicial Independence?

In a new paper for Policy Exchange’s Judicial Power Project the Honourable Dyson Heydon AC QC, former Justice of the High Court of Australia, challenges the conventional wisdom that suggests that criticism of judges by politicians damages judicial independence, and upends the commonplace claim that says that judicial decisions should not be criticized because it is not open to judges to defend themselves.

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Latest Blogs

Latest Supreme Court judgment shows why the EU Charter must be axed.

The Supreme Court has today used vague provisions in the EU Charter of Fundamental Rights to disapply an Act of Parliament. This outcome is impossible under ordinary human rights law and confirms the danger the Charter poses to parliamentary democracy. The Court passed up the opportunity to consider limits on the Charter’s application and the case confirms the need to end the Charter’s place in domestic law after the UK leaves the EU.

Brexit Committee questions Ekins and Laws on legal and constitutional aspects

The Head of Policy Exchange’s Judicial Power Project, Professor Richard Ekins, gave evidence to the House of Common’s Brexit Select Committee alongside regular JPP contributor, Sir Stephen Laws, former First Parliamentary Counsel. Rebecca Lowe, Policy Exchange’s State & Society and Judicial Power Project (JPP) Fellow, reports on the hearing, which focused initially on the constitutional and legal aspects of the bill, before expanding to the Brexit process more widely, with questions ranging from the future role, if any, of the ECJ, to the provision that could be made for a ‘transition period’.

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Latest News

Paper on judicial independence covered in Australian media

Former Australian High Court judge Dyson Heydon’s paper for Policy Exchange’s Judicial Power Project, Does Political Criticism of Judges Damage Judicial Independence? was covered by Australian media. The Australian, the biggest selling national newspaper in the country, featured an extract from Heydon’s paper and endorsement from Attorney General Christian Porter and incoming High Commissioner in London George Brandis. The Australian Financial Review also covered the paper, referring to it as a ‘blistering critique’ of the Victoria Court of Appeal’s treatment of ministers who criticised them. You can read the original paper by Dyson Heydon here.

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Latest Events

Criticism and Accountability in Judging

Nov 28, 2016

This event was held at Policy Exchange on Monday 28 November, and featured Rt Hon Lord Hope of Craighead, Rt Hon Lord Howard of Lympne, Charles Moore, Joshua Rosenberg, and Professor Graham Gee

Brexit and Judicial Power

Jul 21, 2016

Policy Exchange hosts Dr Geoff Raby, former Australian Ambassador to China and to the World Trade Organisation, to discuss how a post-Brexit UK can negotiate trade deals around world.

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