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
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.
Enclaves and Exclaves: Limits and exceptions to the doctrine of judicial review
The Honourable Dyson Heydon AC QC, former Justice of the High Court of Australia and one of the common-law world’s foremost figures, warns that the phenomenon of rising judicial power across much of the common law world represents a “silent revolution” that has occurred largely without parliamentary sanction.
Latest Blogs
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.
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.
Policy Exchange’s Professor Graham Gee gives evidence to Lords committee on Brexit
Professor Graham Gee of Policy Exchange’s Judicial Power Project gave evidence to the House of Lords’ EU Justice Sub-Committee on Brexit: Enforcement and dispute resolution.
Policy Exchange panel discussion on Sir Noel Malcolm book appears in The Times
A panel discussion held to discuss Sir Noel Malcolm’s new study for Policy Exchange, Human Rights and Political Wrongs has featured in The Times’s legal diary.
Latest Events
Criticism and Accountability in Judging
Nov 28, 2016This 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
Parliament and the Prerogative: From the Case of Proclamations to Miller
Nov 30, 2016This event took place at Policy Exchange on Wednesday 30 November, and featured Professor Timothy Endicott and the Rt Hon Lord Strathclyde CH
Brexit and Judicial Power
Jul 21, 2016Policy 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.
