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


Losing in London is not just a political problem, it’s an economic one too

Losing in London is not just a political problem, it’s an economic one too

The Conservatives look set to have their worst result in London in London since its current boroughs were created in 1964, and it is now the first time the Conservatives have only controlled one council in central London. What had once been a major urban area relatively immune to complete Labour dominance looks set to join Manchester, Birmingham, Liverpool and Newcastle in having little, or no, Conservative representation.

read more
What does Macron’s re-election mean for Britain?

What does Macron’s re-election mean for Britain?

To the relief of the French and European establishment, Emmanuel Macron’s re-election makes him the first two-term French President in 20 years since Jacques Chirac. However, the 17-point margin of his victory over Marine Le Pen does not tell the whole story. Voter turnout was the lowest in a presidential run-off since 1969 and Le Pen increased her vote tally from 10.6 million in the second round in 2017 to 13.2 million this time around.

read more

Latest Publications


Losing in London is not just a political problem, it’s an economic one too

Losing in London is not just a political problem, it’s an economic one too

The Conservatives look set to have their worst result in London in London since its current boroughs were created in 1964, and it is now the first time the Conservatives have only controlled one council in central London. What had once been a major urban area relatively immune to complete Labour dominance looks set to join Manchester, Birmingham, Liverpool and Newcastle in having little, or no, Conservative representation.

read more
What does Macron’s re-election mean for Britain?

What does Macron’s re-election mean for Britain?

To the relief of the French and European establishment, Emmanuel Macron’s re-election makes him the first two-term French President in 20 years since Jacques Chirac. However, the 17-point margin of his victory over Marine Le Pen does not tell the whole story. Voter turnout was the lowest in a presidential run-off since 1969 and Le Pen increased her vote tally from 10.6 million in the second round in 2017 to 13.2 million this time around.

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

We’re seeing a shift under Gove in housing policy from quantity to quality

There are very few national crises where there is a political incentive for them to be both solved and sustained – but housing, unfortunately is one. The reasons for wishing to solve the housing crisis are obvious: lack of housing supply and chronic unaffordability in London and the south east, oversupply and depressed construction activity in the North, a generation of young people locked out of the housing market, spiralling rents and mortgages claiming a disproportionate portion of household incomes and contracting consumer spending and all the damaging social and electoral consequences therein.

Ministers have an opportunity to cut taxes, drive supply side reform – and help reduce the cost of living

“My Government’s priority is to grow and strengthen the economy and help ease the cost of living for families.” These opening two lines of the Queen’s Speech provided a powerful message.

Further action is needed to address the cost of living crisis. Also, those affected are not just families, but the vast bulk of households that are being squeezed. If the Government doesn’t appreciate this, then it may have its work cut out.

The deteriorating politics of Northern Ireland has left the Government with no option other than to act on the Protocol

The Northern Ireland Protocol once again threatens to derail the UK-EU relationship. After months of talks between London and Brussels failed to reach mutually acceptable solutions, the Government has reached the conclusion it has no alternative but to start the process of introducing domestic legislation to alter the Protocol.

The Queen’s Speech and Public Protest: The Government is not clamping down on the right to protest but rather on the deliberate disruption of the public square by small groups of privileged activists

The UK has a small but determined environmentalist movement characterised by its appetite for popular protest – and the diversity of its tactics. In the last twelve months these have ranged from the Tyre Extinguishers group letting down the tyres of private motor vehicles, Insulate Britain attempting to close the M25, Extinction Rebellion blockading Oxford Circus with a giant pink table, to Just Stop Oil protestors tying themselves to the goalposts during Premier League football matches.

The Queen’s Speech and Levelling Up: Anyone for Governor of Wessex?

The Bill covers a huge range of policy space, similar to the Levelling Up White Paper tabled in February. In fact, many of the proposals are those put forward in the White Paper. For example, there will be a requirement for the Government to release annual reports on the Levelling Up “missions”, creating a framework to devolve power through ‘devolution deals’ in every part of the country by 2030, and greater local input in planning. The Government will also use the bill to reform how local infrastructure is funded by a new “infrastructure levy” which will give local communities more input in how the money is spent, compared to the existing Section 106 process.

The Queen’s Speech and Deregulation: Who will regulate the regulators? Time for more parliamentary scrutiny

The Government confirmed it will introduce a Brexit Freedoms Bill, first announced by the Prime Minister in January 2022. Plans for the Bill were set out in The benefits of Brexit white paper, which outlined the Government’s broad ambition to make the UK the “best regulated economy in the world”. The Bill will remove the supremacy of EU law and make it easier for Ministers to amend, repeal, or replace retained EU law.

The Queen’s Speech and Health & Social Care Reform: What was not announced may be more significant than what was announced

The passage of the centrepiece Health and Care Act during the previous session of this Parliament meant that this year’s Queen Speech had a smaller offering for health and social care. A number of priority commitments set out in March as part of the Annual Mandate (which sets out the Government’s priorities for the NHS) were repeated. The priorities are well understood: bring down the elective waiting list; deliver additional diagnostic capacity, including 100 community diagnostic centres; and make progress on the hospital building programme.

The Queen’s Speech and Judicial Power: Could the British Bill of Rights make things worse?

The headline measure is the proposed British Bill of Rights, which would supersede the Human Rights Act. A perennial proposal most recently floated under David Cameron, the Bill’s stated aim is to restore “the balance of power between the legislature and the courts”. Among its main provisions are the establishment of the primacy of UK case law over that of the European Court of Human Rights, new limitations on courts’ ability to “read in” provisions that are not present in legislation, and a new burden on the claimant to prove they have suffered “significant disadvantage” before they can bring a human rights claim, with the aim of discouraging frivolous litigation.

The Queen’s Speech and Housing: Will Street Votes solve the Housing Crisis?

Housing has rarely enjoyed as high a political profile as it does today. A combination of the housing crisis, the abandoned planning bill, the government’s flagship levelling-up programme and it being led by one of the highest profile Cabinet Ministers Michael Gove as well as a slew of recent Tory electoral punishments in which housing was thought to have played a central role have all ensured that housing is now a major part of the government’s legislative infrastructure. So it assumed a pivotal role in this week’s Queen’s Speech, ironically delivered for the first time by a Prince of Wales who himself has had a profound impact on the UK’s architecture and urban development landscape over the past forty years.

Losing in London is not just a political problem, it’s an economic one too

The Conservatives look set to have their worst result in London in London since its current boroughs were created in 1964, and it is now the first time the Conservatives have only controlled one council in central London. What had once been a major urban area relatively immune to complete Labour dominance looks set to join Manchester, Birmingham, Liverpool and Newcastle in having little, or no, Conservative representation.

Latest Publications

Putting Royal Assent in Doubt?

The parliamentary authorities have taken the view that because the Supreme Court has quashed the prorogation of Parliament, everything else done by the Royal Commission in the morning of 10 September has been quashed as well. Accordingly, both the Speaker of the House of Commons and the Lord Speaker have indicated that Royal Assent for the Restoration and Renewal Bill would need to be signified again. This paper argues that the Speakers have wrongly understood the Supreme Court’s judgment in this respect.

The unconstitutionality of the Supreme Court’s prorogation judgment

The Supreme Court’s judgment in Miller/Cherry [2019] UKSC 41 holds that Parliamentary sovereignty needs to be judicially protected against the power of the Government to prorogue Parliament. But the Judgment itself undercuts the genuine sovereignty of Parliament by evading a statutory prohibition – art. 9 of the Bill of Rights 1689 – on judicial questioning of proceedings in Parliament.This was wholly unjustified by law.

Parliamentary Sovereignty and the Politics of Prorogation

This paper addresses the question of whether the Supreme Court should rule that the Government’s advice to Her Majesty to prorogue Parliament was unlawful. It argues that the prerogative power to prorogue Parliament is not subject to judicial control. Proroguing Parliament does not flout parliamentary sovereignty; the exercise of the prerogative should be challenged by political action not litigation.

Latest Blogs

Jane Smith: The demise of non-justiciability

Related Content North and south of the Border, the courts at first instance dismissed the Miller/Cherry claims in short order as non-justiciable. Miller proceeded directly to the Supreme Court by virtue of the “leapfrog” procedure. Cherry, however, was appealed to the...

Alison Young: Deftly guarding the constitution

Related Content The Supreme Court’s decision in Miller v Prime Minister and Cherry v The Advocate General is to be welcomed. It demonstrates a delicate balance between law and politics, affirming the Supreme Court’s role as the guardian of the  UK’s constitution.The...

Latest News

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RT @MrPaulStott My article in The Times on the #Prevent Review, William Shawcross and the challenge posed by Islamist and far-right extremism. The status quo is not an option: thetimes.co.uk/artic…