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


Die Welt reports Islamists appointed to the Berlin Commission on Anti-Muslim Racism

Die Welt reports Islamists appointed to the Berlin Commission on Anti-Muslim Racism

The German daily Die Welt has published an in-depth report alleging that Islamist associated individuals have been appointed to a new Berlin State Commission on Anti-Muslim Racism. Formed in February of this year, the six-person commission has been tasked with making “recommendations for a further development of prevention work on anti-Muslim racism”. However, Die Welt alleges that two of the members have Islamist connections, with the chairman—Mohamad Hajjaj—said to have been active in associations regarded as Islamist by Germany’s Office for the Protection of the Constitution.

read more
Why Sterling is the UK’s silver bullet

Why Sterling is the UK’s silver bullet

In a few weeks’ time, the Scottish electorate will vote a new parliament into Holyrood with all the pundits predicting a majority for the incumbent Scottish National Party led by Nicola Sturgeon. She will campaign on the basis that a majority gives the SNP a mandate for a second Independence Referendum to be held early in the new parliament. This is despite constitutional matters being reserved to the UK Government in Westminster and despite previous SNP assurances that they would respect the democratic result of the 2014 IndyRef1 “for a generation”.

read more

Latest Publications


Die Welt reports Islamists appointed to the Berlin Commission on Anti-Muslim Racism

Die Welt reports Islamists appointed to the Berlin Commission on Anti-Muslim Racism

The German daily Die Welt has published an in-depth report alleging that Islamist associated individuals have been appointed to a new Berlin State Commission on Anti-Muslim Racism. Formed in February of this year, the six-person commission has been tasked with making “recommendations for a further development of prevention work on anti-Muslim racism”. However, Die Welt alleges that two of the members have Islamist connections, with the chairman—Mohamad Hajjaj—said to have been active in associations regarded as Islamist by Germany’s Office for the Protection of the Constitution.

read more
Why Sterling is the UK’s silver bullet

Why Sterling is the UK’s silver bullet

In a few weeks’ time, the Scottish electorate will vote a new parliament into Holyrood with all the pundits predicting a majority for the incumbent Scottish National Party led by Nicola Sturgeon. She will campaign on the basis that a majority gives the SNP a mandate for a second Independence Referendum to be held early in the new parliament. This is despite constitutional matters being reserved to the UK Government in Westminster and despite previous SNP assurances that they would respect the democratic result of the 2014 IndyRef1 “for a generation”.

read more

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

A life of public service: William Shawcross pays tribute to HRH Prince Philip, Duke of Edinburgh

HRH Prince Philip, the Duke of Edinburgh, has been a hugely important part of the modern history of our Kingdom and the success of the monarchy.

Princess Elizabeth fell in love with him as a child after meeting him at Dartmouth College in 1939 and never doubted that this handsome, brave and young man with strong views was the only one for her.

Why Sterling is the UK’s silver bullet

In a few weeks’ time, the Scottish electorate will vote a new parliament into Holyrood with all the pundits predicting a majority for the incumbent Scottish National Party led by Nicola Sturgeon. She will campaign on the basis that a majority gives the SNP a mandate for a second Independence Referendum to be held early in the new parliament. This is despite constitutional matters being reserved to the UK Government in Westminster and despite previous SNP assurances that they would respect the democratic result of the 2014 IndyRef1 “for a generation”.

Fight over grants for EVs shows that climate policies need an endgame.

Last month the Government announced a surprise cut to the grants available for buyers of new electric vehicles (EVs) and restricted eligibility to only the cheapest models.[1] The cut is the Government’s response to the growing popularity and falling prices of EVs, which threatens to blow the budget of the UK’s grant programme. The design of the grant programme sets up the Government to fail – to be seen as the climate Scrooge in the same year it hosts COP26, constantly intervening to cut support for EVs just as more drivers look to take the plunge.

Why Muslims like me are worried about the Batley protests

To some, the persecution of a schoolteacher who showed his pupils an offensive cartoon of the Prophet Mohammed may seem like a local quarrel. Does it really matter, many Britons will ask, that a few dozen men gathered at the gates of a school in West Yorkshire? Surely it will blow over before long, goes the thinking.

Community music-making is the jewel in the British crown

Music is a universal language. The style which has enraptured me since my childhood, classical music has always had an international dimension, and has taken me around the world in the decades since. But even in those early boyhood encounters I became aware of music and musicians from many different lands and eras. Apart from the beauty and excitement of the music itself, the art form became an early gateway for me to languages, history, geography, philosophy, theology and much more.

The grand strategy revisited

The United Kingdom needs a Grand Strategy of audacious investment, engaged partnership and renewed confidence. So argued Policy Exchange in its breakthrough paper, Modernising the United Kingdom, in late 2019. That paper was concerned with “unleashing the power of the Union”. Andrew Dunlop’s review of Union capability, prepared in the summer and autumn of 2019 but published only this month, is concerned with much the same thing. 

The Sewell commission is a game-changer for how Britain talks about race

“This Commission finds that the big challenge of our age is not overt racial prejudice, it is building on and advancing the progress won by the struggles of the past 50 years. This requires us to take a broader, dispassionate look at what has been holding some people back. We therefore cannot accept the accusatory tone of much of the current rhetoric on race, and the pessimism about what has been and what more can be achieved.”

Will history repeat itself on negative emissions?

Negative emissions are piquing the interest of the Government, as shown in its recent  announcement of innovation funding for new negative emission technologies (NETs). However, policies based on grants and innovation funding are short-term options – they act as the spark to get the kindling going, but the fire requires continuous government support until the flame catches.

Why we should take Alex Salmond’s ‘Alba’ party seriously

Sceptics who scoff at the prospects of pop-up parties which seek to break the mould of established politics should consider two key points before doing the same with “Alba”, the new party which launched in Scotland today: the Scottish Parliament’s electoral system, and the personality of its founder, Alex Salmond. For all that the launch of Mr Salmond’s new party was cack-handed , his new venture needs to be taken seriously.

Letter from Washington: How did DC react to the Integrated Review?

What is Global Britain? This is a question that has been asked, mostly witheringly, in Washington since Theresa May first picked up this coinage in the aftermath of the 2016 referendum. Now with the launch of “Global Britain In A Competitive Age”, the government’s 114 page integrated review of Britain in the world, DC has got its first major look at both how the British government sees a changing world and its plan to compete in it. And it likes what it sees. 

Latest Publications

Immigration, Strasbourg, and Judicial Overreach

and

This paper traces the history of several judicially demanded or created obstacles to preventing unlawful entry or removing illegal migrants. The decisions to create these obstacles, it argues, were well-motivated but unauthorised and even unprincipled. This is a story in which European courts and our own courts all have a part.

Reforming the Lord Chancellor’s Role in Senior Judicial Appointments

and

The system for appointing senior judges needs to be reformed. In this paper, we explain what has gone wrong and what should now be done to put it right. We take senior appointments to include the High Court, the Court of Appeal, leadership roles such as the Lord Chief Justice (the Head of the Judiciary in England and Wales) and Heads of Division (Master of the Rolls, President of the Queen’s Bench Division, President of the Family Division, and Chancellor of the High Court) and the Supreme Court. Our focus is therefore only on appointments to senior courts in England and Wales and to the UK Supreme Court, and not to senior judicial offices in Scotland and Northern Ireland.

Latest Blogs

The significance of the Supreme Court’s Begum judgment

In allowing the Home Secretary’s appeal in the Begum case, the Supreme Court has corrected a misconceived Court of Appeal judgment, which had put national security in doubt and undermined the law Parliament made.  The Supreme Court’s judgment is a powerful and welcome, if somewhat overdue, affirmation of constitutional principle and the limits of judicial power.

The difference leaving the House of Lords has made

Nomen omen – but not always. The High Courts and Courts of Appeal in England and Northern Ireland formed part of the Supreme Court of Judicature before the coming into force of the Constitution Reform Act 2005 and, by and large, there was never a widespread sense of these Courts unduly throwing their weight around. Had they done so, no doubt the Appellate Committee of the House of Lords would have restored matters to their proper bounds.

The problem of judicial diversity

In Reforming the Supreme Court, Professor Wyatt and Professor Ekins have produced a thoughtful contribution to the ongoing scholarly debate on the correct limits to judicial power; a debate which is, and always has been, driven by political rather than legal priorities. From the 1970s to the 1990s claims of judicial overreach in the UK were made primarily by those on the left such as JAG Griffith, Conor Gearty and Keith Ewing. Their objections to judicial power were underpinned by their views of the judiciary as an instrument of the establishment blocking workers’ rights and undermining civil liberties. After the enactment of the Human Rights Act in 1998, which Ekins rightly identifies as a key moment in changing judicial culture, these critical voices were more muted and concerns about the improper exercise of judicial power were increasingly raised by those on the right. Most recently they have been taken up by the Judicial Power Project.

Latest News

New Statesman highlights Policy Exchange work on modernising the United Kingdom

“Some attention has been given post-election to the Conservative plans for a constitutional commission. But less focus has been given to the significant plans being put together for a re-servicing of the Union. The Policy Exchange think-tank has called for ‘a Grand Strategy to modernise the United Kingdom.’ This is an activist Unionism of a kind only glimpsed before.”

Policy Exchange’s Judicial Power Project submits evidence to Joint Committee on Human Rights inquiry on the 20th anniversary of the Human Rights Act 1998

and

Richard Ekins (University of Oxford and Head of the Judicial Power Project) and Graham Gee (University of Sheffield) have submitted written evidence to the inquiry by Parliament’s Joint Committee on Human Rights on 20 Years of the Human Rights Act. Download our submission or read online via Parliament’s website.

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.

Latest Tweets

RT @ed_birkett 📢Keynote speech by General David Petraeus to launch new @Policy_Exchange Journal Environmental Affairs. Tomorrow at 3pm. First edition is on the geopolitics of climate change. Sign up 👇 twitter.com/Policy_E…