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.

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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.

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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.

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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

Policy Exchange’s John Blake speaks to Sky News about student debt

John Blake - Policy Exchange Head of Education and Social Reform - spoke to Sky News about a recent study which found that poorer students will graduate with average debts of £57,000.
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What might we expect from the German federal election?

On Sunday, Germany will go to the polls to elect the nineteenth Bundestag. Rebecca Lowe — Convenor of Policy Exchange's Research Group on Political Thought, and Judicial Power Project Fellow — reflects on the campaign and the possible outcomes.
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Mrs Merkel’s fourth term economic headaches

German Chancellor Angela Merkel will face her fourth general election next Sunday, 24th September. Opinion polls strongly suggest that she will win a fourth term forming a coalition with one or more of f the other parties.  Attention will then shift to the policy...
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DExEU’s paper on post-Brexit UK-EU security and defence cooperation: a question of influence

National Security Fellow Gabriel Elefteriu responds to the launch of the Government’s new paper on UK-EU security and defence cooperation after Brexit. The paper is a welcome starting point in efforts to improve the “mood music”, given recent acrimony in Brexit negotiations. It is right to stress areas of common interest with the EU27 and the UK’s vital role in European security, which is likely to continue for many years. However, there are still questions to answer about the proposed “deep and special relationship” with the EU, and how this is to be squared with renewed efforts to reinvigorate the NATO alliance.
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A second wind: the economics of offshore become increasingly competitive

Following our 'The electric economy: achieving our low carbon energy future' event this week, where experts debated the future of Britain’s electricity system, Joshua Burke - Policy Exchange Energy and Environment Research Fellow - further explores this area and, in particular, the potential economic benefits of offshore wind.
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Indiscriminate on Discrimination

David Goodhart, Policy Exchange's Head of Demography, Immigration and Integration and Richard Norrie, Policy Exchange Demography, Immigration and Integration Research Fellow, respond to the publication of two Government commissioned reviews last week, both related to the life chances of minorities. The Lammy Review, led by David Lammy MP, investigated the treatment of and outcomes for ethnic minorities in the criminal justice system and a report by the Social Mobility Commission looking at the economic chances of young Muslims.
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School superunion offers even more power to the far left

The merger of the National Union of Teachers and the Association of Teachers and Lecturers has created the largest education union in Europe. The National Education Union (NEU) clearly believes it is a force for good but experience suggests the far-left elements of...
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Will a fiscal policy fix Europe’s defective monetary policy?

Policy Exchange Director of Research & Head of Economics and Social Policy, Warwick Lightfoot, assesses the prospects for fiscal policy to correct the divergences of incomes within the Eurozone. The scope and scale of policy – even with a Eurozone Ministry of Finance and fiscal transfers will not be sufficient to offset the forces of monetary policy pushing in the opposite direction. Structural reform of labour markets, not fiscal policy, is the best way to improve economic prospects throughout the Eurozone.
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The meaning of Sean O’Callaghan

Sean O’Callaghan, one of the most senior defectors from the Provisional IRA during the Troubles, died suddenly last week. He launched his most recent book, James Connolly: my search for the man, the myth and his legacy -- here at Policy Exchange in 2015. Dean Godson, Policy Exchange’s Director and author of Himself Alone: David Trimble and the Ordeal of Unionism, looks at the wider strategic meaning of O’Callaghan’s career for the Spectator’s Coffee House.
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One and a half cheers for the Integration APPG

David Goodhart – Policy Exchange Head of Demography, Immigration & Integration – responds to the new report from the All Party Parliamentary Group on Social Integration. He also appeared on BBC News to discuss the report.
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Latest Publications

The Stubborn Stain Theory of Executive Power

In November 2016, days before the Supreme Court hearing in the Miller case, Professor Timothy Endicott (University of Oxford) delivered a lecture for Policy Exchange’s Judicial Power Project on the royal prerogative. Reflecting its weight and importance, the lecture was relied on by the Government’s lawyers. Today, the Judicial Power Project publishes a revised and updated version of Professor Endicott’s lecture, with a foreword by Professor Sir Ross Cranston, recently retired from the High Court bench and former Solicitor General.

Administrative Justice and the Parliament Square Axis

In a new paper for Policy Exchange’s Judicial Power Project, Professor Carol Harlow QC (Hon) looks at the problem of the judicialisation of administrative justice. After a homeless refugee turned down a flat on the grounds that the shape of its windows remind her of the prison in Iran where she was tortured, a housing officer concluded that this ended the local authority’s obligation to house her. That decision was then reviewed by one county court judge, three Court of Appeal judges, and five Supreme Court justices. The Supreme Court’s involvement was necessary to rebuff attempts by the European Court of Human Rights to judicialise administrative law and practice. Professor Harlow’s paper commends the Supreme Court’s approach, arguing that it shows how domestic judges and lawmakers can form a “Parliament Square Axis” to limit European judicial overreach.

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Latest Blogs

The panic about a Brexit legal limbo isn’t justified

Richard Ekins, Head of Policy Exchange’s Judicial Power Project, addresses the way in which Lord Neuberger — the outgoing President of the Supreme Court — has called for Parliament to tell our judges very clearly how rulings of the Court of Justice of the European Union (CJEU) are to be dealt with after Brexit.

Only Parliament can decide the law on assisted dying

Richard Ekins — Head of Policy Exchange’s Judicial Power Project — responds to news that the question of whether assisted suicide should be legalised is back before the courts, in an article for The Spectator. Ekins contends that the argument in the High Court this week is likely to focus on whether it is possible to design a system that permits assisted suicide without endangering the vulnerable, which he claims is ‘not a sensible question for a court to be asked to decide’. He conclude that ‘this continuing attempt to use the courts, with the encouragement of some (but certainly not all) judges, to usurp Parliament’s freedom to decide what the law should be is a constitutional travesty’.

The Charter of Fundamental Rights gives judges too much power, and is bad for accountable government

Richard Ekins – Head of Policy Exchange’s Judicial Power Project — considers the Labour Party’s objection to the European Union (Withdrawal) Bill’s provision that the Charter of Fundamental Rights will cease to have effect on ‘exit day’. He finds the party’s newfound enthusiasm for the Charter hard to square with its nature or history, arguing that its ‘removal from our law should be welcomed, regardless of one’s views on Brexit’.

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Latest News

Policy Exchange’s Judicial Power Project responds to Government paper on European Court of Justice post-Brexit

Policy Exchange's Judicial Power Project responded to the paper released by the Government on leaving the jurisdiction of the European Court of Justice after Brexit. Visiting Fellow Dr Gunnar Beck writes in The Telegraph and Professor Richard Ekins, head of the Judicial Power Project, writes in The Spectator, while Senior Fellow Christopher Forsyth writes for CapX and Richard and Gunnar for ConservativeHome.

Policy Exchange Judicial Power Project’s letter to Financial Times Editor published

Policy Exchange’s Judicial Power Project Head, Professor Richard Ekins and Professor Graham Gee wrote to the Financial Times in responce to a recent editorial, ‘Brexit places Britain’s judges in the line of fire’, explaining that it wrongly states that refusal to concede a continuing role for the European Court of Justice after Brexit creates a predicament for UK judges. Their letter, entitled ‘UK judges’ future looks robust, not fragile’ was published in the paper and online.

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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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