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


Questioning Law’s Empire

Questioning Law’s Empire

The first of this year’s Reith lectures, given by Lord Sumption and broadcast yesterday morning, traces “Law’s Expanding Empire”, outlining how and why the domain of law, and the courts, has come to reach so widely.

read more

Latest Publications


Questioning Law’s Empire

Questioning Law’s Empire

The first of this year’s Reith lectures, given by Lord Sumption and broadcast yesterday morning, traces “Law’s Expanding Empire”, outlining how and why the domain of law, and the courts, has come to reach so widely.

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

Lots of law

Questioning Law’s Empire

The first of this year’s Reith lectures, given by Lord Sumption and broadcast yesterday morning, traces “Law’s Expanding Empire”, outlining how and why the domain of law, and the courts, has come to reach so widely.

Satellite

Britain’s vital strategic interests in space

Space professionals in the UK have been let down by governments who fail to grasp the importance of space. This has to change.

Constitutional government, parliamentary democracy and judicial power

Richard Ekins revisits the nature of constitutional government in a parliamentary democracy, answering some related criticisms of the Judicial Power Project.

Andrew Tyrie

Effective competition policies – a key to prosperity

Historically, the UK has not had as effective competition policies as other countries – but that can change.

India’s ASAT test

India thinks space power status requires offensive military space capabilities – and may be right

Linking space power with offensive capabilities reflects wider trends in global strategic affairs.

Britain could be a world leader in how we deal with rubbish

Emerging middle classes around the world are putting the pressure on the UK to think about how it handles waste. It should invest in innovation to become a world leader.

UK Parliament

The Speaker should allow a third meaningful vote on the Brexit deal

The Speaker is right that the “same question” rule is well precedented and would need consideration in this case. But it would be quite wrong to apply the “same question” rule to disallow a third meaningful vote on the Government’s Brexit deal.

Reviving high streets through planning reform

Changes to the planning system can make it easier for high streets to adapt to prevailing trends in how we live, work and shop.

The Euro

20 years of the euro

Twenty years after the creation of the euro, a powerful cocktail of forces have made the southern economies of Europe permanently uncompetitive compared to the northern economies and the wider international economy. Yet the currency may limp on for years yet

Strategic Map

Net Assessment for the MOD: Implementation is Key

Net Assessment is a tremendous opportunity for a strategic renaissance – we must get it right from the beginning

Latest Publications

The risks of the “Grieve amendment” to remove precedence for Government business

It is a mistake to assume that the House of Commons could engineer a change to the law to postpone or cancel Brexit without persuading the Government to acquiesce and participate in securing the change. The risks to which an attempt to do so would give rise include the contravention of fundamental constitutional principles based on centuries of history.

Latest Blogs

Questioning Law’s Empire

The first of this year’s Reith lectures, given by Lord Sumption and broadcast yesterday morning, traces “Law’s Expanding Empire”, outlining how and why the domain of law, and the courts, has come to reach so widely.

Latest News

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.

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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