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


UK Diverges from Allies in Treatment of Islamic Relief Worldwide

UK Diverges from Allies in Treatment of Islamic Relief Worldwide

The UK’s Charity Commission has issued a press release on Islamic Relief Worldwide (IRW) concerning its investigation into that organisation, following allegations of anti-Semitism involving several members of IRW’s leadership. Officially registered to an address in Birmingham, but operating throughout Europe, Asia, Africa, and the Middle East, IRW has faced a number of recent allegations of having links to the Muslim Brotherhood, and of members of its leadership promoting anti-Semitism, and of having “glorified terrorist attacks on Israel”.  In its press release, the Charity Commission stated that individuals from IRW’s leadership had made social media posts, “which ran contrary to the charity’s code of conduct and fell far below the standard the public expect of charity trustees and staff.” However, the Charity Commission further stated:

read more
Biden’s new Asia tsar understands the China challenge

Biden’s new Asia tsar understands the China challenge

Among Democrats, there is no American who knows more about Asia and is better known in Asia than Kurt Campbell. The news in recent days that President Joe Biden has appointed him as Co-ordinator for the Indo-Pacific, a new role within the National Security Council, is therefore very welcome. Campbell has effectively become Biden’s Asia tsar.

The appointment is good news for the UK and for the broader Western alliance. Campbell has a long history of engagement with Asia in both the Clinton and Obama administrations. He is credited with authoring Obama’s “pivot” to Asia and is considered to be a tough foreign policy realist who understands the shifting power dynamics of the Indo-Pacific region – and how America can work with allies to manage them. That is, after all, the single greatest foreign policy challenge facing the incoming Biden administration.

read more
The Palestinian Forum in Britain Hosts Jordanian Islamist, Dr Ahmad Nawful, at Online Event

The Palestinian Forum in Britain Hosts Jordanian Islamist, Dr Ahmad Nawful, at Online Event

On 23 January, the Palestinian Forum in Britain is hosting an online event to mark “Arab Communities Day” 2021.  Among the invited speakers is the Jordanian academic and Muslim Brotherhood figure, Dr. Ahmad Nawful (also spelt Nawfal, Noufal, Nofal).[1]

Nawful, a professor of Islamic law at Jordan University, was banned by the Home Secretary (Theresa May) from entering the UK in 2011. He has a long record of extremist comments.

In 2008, Nawful endorsed a fatwa issued by Sheikh Faysal Mawlawi, then vice president of the European Council for Fatwa and Research (established and headed by Sheikh Yusuf al-Qaradawi), which explained why it would be legitimate to kill Israeli civilians.

read more

Latest Publications


UK Diverges from Allies in Treatment of Islamic Relief Worldwide

UK Diverges from Allies in Treatment of Islamic Relief Worldwide

The UK’s Charity Commission has issued a press release on Islamic Relief Worldwide (IRW) concerning its investigation into that organisation, following allegations of anti-Semitism involving several members of IRW’s leadership. Officially registered to an address in Birmingham, but operating throughout Europe, Asia, Africa, and the Middle East, IRW has faced a number of recent allegations of having links to the Muslim Brotherhood, and of members of its leadership promoting anti-Semitism, and of having “glorified terrorist attacks on Israel”.  In its press release, the Charity Commission stated that individuals from IRW’s leadership had made social media posts, “which ran contrary to the charity’s code of conduct and fell far below the standard the public expect of charity trustees and staff.” However, the Charity Commission further stated:

read more
Biden’s new Asia tsar understands the China challenge

Biden’s new Asia tsar understands the China challenge

Among Democrats, there is no American who knows more about Asia and is better known in Asia than Kurt Campbell. The news in recent days that President Joe Biden has appointed him as Co-ordinator for the Indo-Pacific, a new role within the National Security Council, is therefore very welcome. Campbell has effectively become Biden’s Asia tsar.

The appointment is good news for the UK and for the broader Western alliance. Campbell has a long history of engagement with Asia in both the Clinton and Obama administrations. He is credited with authoring Obama’s “pivot” to Asia and is considered to be a tough foreign policy realist who understands the shifting power dynamics of the Indo-Pacific region – and how America can work with allies to manage them. That is, after all, the single greatest foreign policy challenge facing the incoming Biden administration.

read more
The Palestinian Forum in Britain Hosts Jordanian Islamist, Dr Ahmad Nawful, at Online Event

The Palestinian Forum in Britain Hosts Jordanian Islamist, Dr Ahmad Nawful, at Online Event

On 23 January, the Palestinian Forum in Britain is hosting an online event to mark “Arab Communities Day” 2021.  Among the invited speakers is the Jordanian academic and Muslim Brotherhood figure, Dr. Ahmad Nawful (also spelt Nawfal, Noufal, Nofal).[1]

Nawful, a professor of Islamic law at Jordan University, was banned by the Home Secretary (Theresa May) from entering the UK in 2011. He has a long record of extremist comments.

In 2008, Nawful endorsed a fatwa issued by Sheikh Faysal Mawlawi, then vice president of the European Council for Fatwa and Research (established and headed by Sheikh Yusuf al-Qaradawi), which explained why it would be legitimate to kill Israeli civilians.

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

UK Diverges from Allies in Treatment of Islamic Relief Worldwide

The UK’s Charity Commission has issued a press release on Islamic Relief Worldwide (IRW) concerning its investigation into that organisation, following allegations of anti-Semitism involving several members of IRW’s leadership. Officially registered to an address in Birmingham, but operating throughout Europe, Asia, Africa, and the Middle East, IRW has faced a number of recent allegations of having links to the Muslim Brotherhood, and of members of its leadership promoting anti-Semitism, and of having “glorified terrorist attacks on Israel”.  In its press release, the Charity Commission stated that individuals from IRW’s leadership had made social media posts, “which ran contrary to the charity’s code of conduct and fell far below the standard the public expect of charity trustees and staff.” However, the Charity Commission further stated:

Biden’s new Asia tsar understands the China challenge

Among Democrats, there is no American who knows more about Asia and is better known in Asia than Kurt Campbell. The news in recent days that President Joe Biden has appointed him as Co-ordinator for the Indo-Pacific, a new role within the National Security Council, is therefore very welcome. Campbell has effectively become Biden’s Asia tsar.

The appointment is good news for the UK and for the broader Western alliance. Campbell has a long history of engagement with Asia in both the Clinton and Obama administrations. He is credited with authoring Obama’s “pivot” to Asia and is considered to be a tough foreign policy realist who understands the shifting power dynamics of the Indo-Pacific region – and how America can work with allies to manage them. That is, after all, the single greatest foreign policy challenge facing the incoming Biden administration.

The Palestinian Forum in Britain Hosts Jordanian Islamist, Dr Ahmad Nawful, at Online Event

On 23 January, the Palestinian Forum in Britain is hosting an online event to mark “Arab Communities Day” 2021.  Among the invited speakers is the Jordanian academic and Muslim Brotherhood figure, Dr. Ahmad Nawful (also spelt Nawfal, Noufal, Nofal).[1]

Nawful, a professor of Islamic law at Jordan University, was banned by the Home Secretary (Theresa May) from entering the UK in 2011. He has a long record of extremist comments.

In 2008, Nawful endorsed a fatwa issued by Sheikh Faysal Mawlawi, then vice president of the European Council for Fatwa and Research (established and headed by Sheikh Yusuf al-Qaradawi), which explained why it would be legitimate to kill Israeli civilians.

The skills White Paper will make Further Education more resilient

Education has recently been at the centre of so many Covid-related controversies that it is easy to forget the Government’s commitment to radical reform.  So the publication of  the Skills for Jobs White Paper is to be warmly welcomed.  It focusses on the realignment of the education system with the world of work, by combining short term measures with a long term vision, starting in absolutely the right place : the revival of further education.

UK-based Islamic Organisations petition UN Human Rights Council over French Policies

According to the Islamist website, 5 pillars, a number of UK-based organisations were amongst those who submitted a complaint to the United Nations’ Human Rights Council, over the French Government’s recent steps to try and combat what it calls Islamist “separatism”.

The vaccine rollout could set the future terms for health service accountability

There is hope. As many of us sit through another lockdown and our healthcare staff work as hard as ever to keep us safe, an end to the nightmare of Covid is in sight. The rapid development of new vaccines is a remarkable achievement (as my colleague Rob Ede and I noted on this blog last week).  The task of now deploying them as quickly as possible is well underway.

Senior Indonesian Muslim Leader Calls for Reform to Combat Extremism

Yahya Cholil Staquf, the General Secretary of the Nahdlatul Ulama in Indonesia, has published an editorial in the Wall Street Journal, calling on Muslims to challenge extremism within their midst. “How to Make the Islamic World Less Radical” argues that: “Nearly a generation after 9/11, the world has made little progress in freeing itself from the threat of radical Islam.”

Waiting for the FE White Paper – Skills Reform and “Levelling Up”

The promised ‘radical’ White Paper for Further Education (FE) is due imminently. How will it balance the need to respond quickly to improve employment without losing focus on the more complex, and slower process of transforming post-school learning?  How will it link this to growth and productivity, acknowledge the importance of place, and ‘level up’ local and regional inequality? And what does this mean for devolution, in places such as Greater Manchester, where the conflict between local and central government has been so evident in recent months, where Covid has impacted hard and the hopes for new powers and resources to shape a more productive, wealthier economy, remain high?

New Austrian Government-sponsored Studies on Islamism

The new Dokumentationsstelle politische Islam (Centre for the Study of Political Islam), established in Vienna in late 2020 by the Austrian government, has produced its first paper: Political Islam as a Subject of Academic Analysis and the Example of the Muslim Brotherhood by Dr Mouhanad Khorchide and Dr Lorenzo Vidino. It is designed to establish the scope of the Centre’s engagement with the subject, resolve some key definitional issues and set the scene for further studies. It complements Policy Exchange’s own papers which launched the Understanding Islamism project in December, as well as our more recent paper on Political Islamism in Austria.
 Political Islam as a Subject of Academic Analysis is divided into two parts, the first of which deals with definitional issues in regard to Political Islam (the authors’ preferred term) in general; the second with the specific case of the Muslim Brotherhood. It offers important insight into the evolution of the Brotherhood’s networks in Europe, and particularly in Austria.

US State Department Issues Statement on Islamic Relief Worldwide

The US State Department’s Office of the Special Envoy to Monitor and Combat Anti-Semitism, has issued a statement in which it “condemns the well-documented record of anti-Semitic attitudes and remarks made by the senior leadership of Islamic Relief Worldwide (IRW).” The Statement, which reviewed last year’s controversies surrounding the social media posts of two former trustees of IRW, added that the “consistent pattern of spreading the most vile anti-Semitic vitriol by IRW’s leadership causes us to question the core values of the organization”. The IRW had itself previously stated that it was shocked by “the anti western and anti Israel” content of the posts in question; it has also denied any links to Islamism.

Latest Publications

Ten Ways to Improve the Overseas Operations Bill

and

This short paper sets out ten ways in which the Overseas Operations Bill could be amended to improve its effectiveness and to minimise the risk of unintended consequences. None of the proposed changes are wrecking amendments. Like many parliamentarians, we share the concern about the way in which the law has been applied to UK forces and about the risks that litigation may pose to the UK’s capacity to defend itself. But legislation to correct these problems must be carefully framed. The ten changes we propose for Parliament’s consideration (the first two of which are alternatives to each other) would, in our view, help to minimise the objections that have been made to the Bill while improving the Bill’s effectiveness as a means to secure the Government’s intended policy.

The Case for Reforming Judicial Review

This paper is the text of a submission made on behalf of Policy Exchange’s Judicial Power Project to the Independent Review of Administrative Law. It complements the related submission made by Sir Stephen Laws. Since its foundation, a little over five years ago, Policy Exchange’s Judicial Power Project has argued that the inflation of judicial power unsettles the balance of our constitution and threatens to compromise parliamentary democracy, the rule of law, and effective government. While the inflation has in part been a function of human rights law and European integration, the Project has consistently argued that it also arises in the context of “ordinary” judicial review and statutory interpretation – a number of high-profile cases decided between 2015 and 2020 confirm the point.

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 @BenMcAleenan On Tuesday we're hosting these highly distinguished folks to explore the Energy White Paper, as well as our own recent paper on the future of energy markets. Register below and tune in! policyexchange.org.u…