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.

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.

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.


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

The ‘end of austerity’ and what should come next

Policy Exchange’s Warwick Lightfoot – a former Special Adviser to three Chancellors – says the Prime Minister’s announcement that ‘austerity’ is ending is good politics. But increased public spending doesn’t always mean better public sector productivity, he warns.

House

Government’s council housing policy is welcome, but it also raises questions

Policy Exchange’s Jack Airey looks at Government’s council housing policy and sets out the challenges ahead for building a new generation of council homes.

Calculator and notepad

Tax grab or workers’ liberation?

Policy Exchange’s Jan Zeber takes a look at Labour’s new plans for the economy and finds some unanswered questions.

Union Flag fingerprint

Immigration after Brexit

Policy Exchange’s David Goodhart takes a look at the latest report on immigration policy post-Brexit and finds much to support – with a few questions remaining.

Cash balance

Financial Stability Post Brexit

Policy Exchange’s Warwick Lightfoot – former Special Adviser to three Chancellors – looks at the possible impact of Brexit on financial stability and the willingness of the world to act in the event of another financial crisis.

Tricolour, Union Flag and EU Flag

What you didn’t know about the Irish Border – how technology can resolve the issue of the North/South frontier post-Brexit

David Trimble’s former Special Adviser – and Chief Economic Adviser to Policy Exchange – sets out how technology can ensure a low-profile border between North and South.

Oxford Circus by Andrew Stawarz

Terrorism and treason once more

Following the latest attack in Westminster and another planned against Oxford Street, Professor Richard Ekins, Head of Policy Exchange’s Judicial Power Project, reiterates the need to update our law of treason.

Durham Miners Gala by Sam Leighton

Local bank holidays can help restore a national consensus

Policy Exchange’s Place Research Fellow, Jack Airey, argues that city-regions and counties in England and Wales should be able to set their own bank holiday.

Euros

Europe’s Trade Problem: Closed markets that stay closed result in a defective approach to science and the management of risk evaluation

Policy Exchange’s Head of Economics critiques the European Union’s “ascientific” approach to trade regulation.

House

Policy win for Policy Exchange but Government’s insistence for good design should also be extended to style

Policy Exchange’s Place Research Fellow, Jack Airey, assesses the Government’s new planning framework and its implications for the design and style of new homes.

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.

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’.

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.

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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What is the role of #CCUS in delivering #cleangrowth? We were delighted that @claireperrymp joined us at #cpc18 to debate the issue - to mark #GGBW, watch the video here: youtu.be/fqJCXUsuJyw