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


Scrapping the scrappage scheme

Scrapping the scrappage scheme

It is welcome news that UK Government has dismissed reports that it was considering a scrappage scheme for petrol and diesel cars as a short-term economic stimulus measure. In a typical scrappage scheme, the government would pay car owners to scrap their current vehicle in return for credit against a new one, thereby stimulating the manufacturing sector. However, scrappage schemes are generally not a desirable policy, because they tend to be an inefficient use of public funds, work against the grain of transport decarbonisation, and send mixed price signals alongside Electric Vehicle subsidies.

read more
Facts vs feelings in the BLM debate

Facts vs feelings in the BLM debate

George Floyd’s appalling murder and the global outrage it triggered has evolved into a broader protest about black disadvantage and racism in western countries.

Many people of goodwill, including many white people, have joined marches in the UK. Young friends of mine who have been on the marches tell me I should tread carefully writing about the issue because I cannot know what it feels like to be black in Britain.

read more
Electricity markets under pressure

Electricity markets under pressure

The Coronavirus has challenged all sectors of the UK economy, and electricity markets have been no exception. Electricity demand is down by as much as 20%, causing periods of negative electricity prices and unprecedented strain on the Electricity System Operator (ESO), run by National Grid. The ESO is responsible for ensuring that the system can respond to lightning strikes and faults at power stations, and that power lines don’t become overloaded. To do this, the ESO takes “balancing actions”, paying to turn down some generators and paying to turn up others.

read more

Latest Publications


Scrapping the scrappage scheme

Scrapping the scrappage scheme

It is welcome news that UK Government has dismissed reports that it was considering a scrappage scheme for petrol and diesel cars as a short-term economic stimulus measure. In a typical scrappage scheme, the government would pay car owners to scrap their current vehicle in return for credit against a new one, thereby stimulating the manufacturing sector. However, scrappage schemes are generally not a desirable policy, because they tend to be an inefficient use of public funds, work against the grain of transport decarbonisation, and send mixed price signals alongside Electric Vehicle subsidies.

read more
Facts vs feelings in the BLM debate

Facts vs feelings in the BLM debate

George Floyd’s appalling murder and the global outrage it triggered has evolved into a broader protest about black disadvantage and racism in western countries.

Many people of goodwill, including many white people, have joined marches in the UK. Young friends of mine who have been on the marches tell me I should tread carefully writing about the issue because I cannot know what it feels like to be black in Britain.

read more
Electricity markets under pressure

Electricity markets under pressure

The Coronavirus has challenged all sectors of the UK economy, and electricity markets have been no exception. Electricity demand is down by as much as 20%, causing periods of negative electricity prices and unprecedented strain on the Electricity System Operator (ESO), run by National Grid. The ESO is responsible for ensuring that the system can respond to lightning strikes and faults at power stations, and that power lines don’t become overloaded. To do this, the ESO takes “balancing actions”, paying to turn down some generators and paying to turn up others.

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

Scrapping the scrappage scheme

It is welcome news that UK Government has dismissed reports that it was considering a scrappage scheme for petrol and diesel cars as a short-term economic stimulus measure. In a typical scrappage scheme, the government would pay car owners to scrap their current vehicle in return for credit against a new one, thereby stimulating the manufacturing sector. However, scrappage schemes are generally not a desirable policy, because they tend to be an inefficient use of public funds, work against the grain of transport decarbonisation, and send mixed price signals alongside Electric Vehicle subsidies.

Facts vs feelings in the BLM debate

George Floyd’s appalling murder and the global outrage it triggered has evolved into a broader protest about black disadvantage and racism in western countries.

Many people of goodwill, including many white people, have joined marches in the UK. Young friends of mine who have been on the marches tell me I should tread carefully writing about the issue because I cannot know what it feels like to be black in Britain.

Electricity markets under pressure

The Coronavirus has challenged all sectors of the UK economy, and electricity markets have been no exception. Electricity demand is down by as much as 20%, causing periods of negative electricity prices and unprecedented strain on the Electricity System Operator (ESO), run by National Grid. The ESO is responsible for ensuring that the system can respond to lightning strikes and faults at power stations, and that power lines don’t become overloaded. To do this, the ESO takes “balancing actions”, paying to turn down some generators and paying to turn up others.

Technology and the NHS: A framework for digital ‘lock in’

I recently gave evidence to the Public Services Committee in the House of Lords on how the coronavirus pandemic will affect the future role, priorities and shape of public services.

A number of key themes and issues were raised during the session that will be important in the months and years ahead. Many of these reflected the findings from our report Ending the Divide which provided some early insights into the impact of the pandemic on the Government’s health and social care agenda.

Performative allyship is deadly – here’s what to do instead

On May 25, George Floyd was murdered by a Minneapolis police officer who kneeled on his neck for more than eight minutes as Floyd gasped, “I can’t breathe.” On March 13, Breonna Taylor was shot dead by police who stormed her home as she slept. On February 25, Ahmaud Arbery was killed in the middle of the day by two white men, a retired policeman and his son. They got in their car, tailed him, and shot him twice.

Ireland

What the Government’s Command Paper on Northern Ireland means

The Government this week published a Command Paper, setting out its approach to implementing the Northern Ireland Protocol in the UK-EU Withdrawal Agreement.

The Protocol gives Northern Ireland a special economic status – within the UK’s customs territory, but in regulatory alignment with the EU single market for goods. The Protocol also requires provisions to be put in place to ensure that goods “at risk” of entering the EU single market via the land border with the Republic of Ireland are subject to the correct checks and controls. The continuation of the Protocol is subject to the ongoing consent of the Northern Ireland Assembly after four years.

A Border Once Again

Just as the main talks on a permanent Brexit agreement are currently bogged down, the EU had begun to panic that the already agreed Irish Protocol was also stuck in the doldrums. The UK government had thus been under heavy pressure to begin tangible preparations to enact the measures agreed in last December’s revised Protocol. Brussels was demanding border infrastructure, computer systems for customs declarations and an office in Belfast to house EU officials who would oversee the customs measures.

Negative interest rates offer only a sugar high. They won’t revive monetary policy

Both Wall Street and the City of London are speculating whether the next innovation in monetary policy will be the use of negative interest rates as a deliberate tool. The new Governor of the Bank of England, Andrew Bailey, has changed the Bank’s position from that of the previous Governor, Mark Carney, who made clear that negative interest rates were not a proposition he was seriously considering. The central bank’s Chief Economist, Andrew Haldane, and one member of the Monetary Policy Committee (MPC), Silvana Tenreyro, have canvassed the idea.

Care after Coronavirus: An Emerging Consensus

When the coronavirus crisis first hit the UK, the greatest fear was that it would overwhelm the NHS. Ministers and clinicians had seen the catastrophic impact overseas – in first-rate health care systems such as Italy’s – and worried that hospitals here faced total collapse. Thanks to swift and concerted efforts, that fear has not been realised.

However, it is now clear that Covid-19 has hit hardest in this country’s care homes instead. New data from the Office for National Statistics shows that the number of deaths recorded in care homes in England and Wales this year is more than double the average from previous years. This is a national tragedy. Families across the country are grieving for loved ones.

The policy implications of the NHS’s covid-19 contact tracing app

Digital contact tracing looks set to dominate the political agenda for the coming weeks, if not months. Without a vaccine, and in the absence of widespread population immunity, the only methods to stop the transmission of SARS-CoV-2 are those of standard epidemic control such as case isolation, physical distancing, contact tracing and increasing hygiene measures.

Latest Publications

Against Executive Amendment of the Human Rights Act 1998

On 20 March 2020, three days before the UK went into lockdown, the Joint Committee on Human Rights (JCHR) recommended that the Houses of Parliament approve the draft Human Rights Act 1998 (Remedial) Order 2019, which had been laid before Parliament on 15 October 2019. The JCHR concluded that there were no reasons why the draft order should not be agreed to by both Houses of Parliament and recommended that the draft order be approved. This conclusion was unsound. The Committee’s recommendation – and the Government’s draft order – should be rejected.

The ECHR and the future of Northern Ireland’s past

In this paper, which is the revised text of his recent lecture for Policy Exchange’s Judicial Power Project, John Larkin QC reflects on the state of the United Kingdom’s constitution. The paper discusses an aspect of an important provision of the European Convention on Human Rights — the procedural obligations under the Article 2 provision on the right to life, and its implications for how policy on the legacy of the Northern Ireland Troubles is to be made.

Latest Blogs

Some reasons for scepticism about a new War Powers Act

The Labour Party manifesto, published last week, promises that the first year of a Labour government would see the introduction of “a War Powers Act to ensure that no prime minister can bypass Parliament to commit to conventional military action”. Enacting legislation of this kind would be a major change in our constitutional arrangements. The risk is that it would distort decision-making about the use of force and would undermine political responsibility for its use.

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 @SHCLon Minister @MTI_Sg Chan Chun Sing was happy to join Secretary of State for @tradegovuk @trussliz and a distinguished panel for a @Policy_Exchange webinar to discuss 'Global Britain and the CPTPP'. Catch the exchange below! 👇 youtu.be/YbhFtNRbxPM