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


The US Can’t Go It Alone on Solar Geoengineering

The US Can’t Go It Alone on Solar Geoengineering

Smaller democracies should take a role in shaping solar geoengineering research and governance, say David Keith and Peter Irvine. Without them the challenges that solar geoengineering poses will be harder to tackle and the risks of mistrust and misuse will be greater

read more

Latest Publications


The US Can’t Go It Alone on Solar Geoengineering

The US Can’t Go It Alone on Solar Geoengineering

Smaller democracies should take a role in shaping solar geoengineering research and governance, say David Keith and Peter Irvine. Without them the challenges that solar geoengineering poses will be harder to tackle and the risks of mistrust and misuse will be greater

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

In Their Own Words: Previous Finalists on Entering the Wolfson Economics Prize

The Wolfson Economics Prize 2021 asks entrants to show how they would design and plan new hospitals to radically improve patient experiences, clinical outcomes, staff wellbeing and integration with wider health and social care. More information about this year’s Prize is available here.

Hartlepool is a Wake-Up Call for my Party

The election of a Conservative MP in Hartlepool for the first time in the constituency’s modern history is yet another wake-up call for my party. Peter Mandelson once enjoyed a 17,500 majority here. Now the Tories are deep into what was once safe Labour territory – the industrial heartlands of the North – with a 7,000 majority of their own. In the West Midlands it looks again like Labour will lose out on the mayoral race and more. What has gone wrong for the Labour Party and our wider movement?

Any reset of waiting times must put more information in the hands of patients

One in ten people in England are now waiting for a routine procedure in the NHS (often described as elective or planned care). For many of these people, the wait will number several months or years. And the total number of people waiting will grow substantially over the next 12 months, as many of the estimated seven million people who did not seek treatment during the pandemic are referred by general practice.

The inevitability of the Union

Alba’ is – as Al Murray might put it – a beautiful British word. It is certainly much older than Scotland. For millennia now, it has been used to designate the entirety of Great Britain. This was why the earliest Greek geographers, when they wrote about the mysterious land that lay beyond the Ocean, referred to its inhabitants as Albiones; and why Roman encyclopaedists, even after much of the island had been constituted as a province called Britannia, would learnedly note that its name had originally been Albion.

A life of public service: William Shawcross pays tribute to HRH Prince Philip, Duke of Edinburgh

HRH Prince Philip, the Duke of Edinburgh, has been a hugely important part of the modern history of our Kingdom and the success of the monarchy.

Princess Elizabeth fell in love with him as a child after meeting him at Dartmouth College in 1939 and never doubted that this handsome, brave and young man with strong views was the only one for her.

Why Sterling is the UK’s silver bullet

In a few weeks’ time, the Scottish electorate will vote a new parliament into Holyrood with all the pundits predicting a majority for the incumbent Scottish National Party led by Nicola Sturgeon. She will campaign on the basis that a majority gives the SNP a mandate for a second Independence Referendum to be held early in the new parliament. This is despite constitutional matters being reserved to the UK Government in Westminster and despite previous SNP assurances that they would respect the democratic result of the 2014 IndyRef1 “for a generation”.

Fight over grants for EVs shows that climate policies need an endgame.

Last month the Government announced a surprise cut to the grants available for buyers of new electric vehicles (EVs) and restricted eligibility to only the cheapest models.[1] The cut is the Government’s response to the growing popularity and falling prices of EVs, which threatens to blow the budget of the UK’s grant programme. The design of the grant programme sets up the Government to fail – to be seen as the climate Scrooge in the same year it hosts COP26, constantly intervening to cut support for EVs just as more drivers look to take the plunge.

Why Muslims like me are worried about the Batley protests

To some, the persecution of a schoolteacher who showed his pupils an offensive cartoon of the Prophet Mohammed may seem like a local quarrel. Does it really matter, many Britons will ask, that a few dozen men gathered at the gates of a school in West Yorkshire? Surely it will blow over before long, goes the thinking.

Community music-making is the jewel in the British crown

Music is a universal language. The style which has enraptured me since my childhood, classical music has always had an international dimension, and has taken me around the world in the decades since. But even in those early boyhood encounters I became aware of music and musicians from many different lands and eras. Apart from the beauty and excitement of the music itself, the art form became an early gateway for me to languages, history, geography, philosophy, theology and much more.

The grand strategy revisited

The United Kingdom needs a Grand Strategy of audacious investment, engaged partnership and renewed confidence. So argued Policy Exchange in its breakthrough paper, Modernising the United Kingdom, in late 2019. That paper was concerned with “unleashing the power of the Union”. Andrew Dunlop’s review of Union capability, prepared in the summer and autumn of 2019 but published only this month, is concerned with much the same thing. 

Latest Publications

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.

Latest Blogs

Lawfare and the Judicialisation of War in the Conservative Party Manifesto

Professor Richard Ekins, Head of Policy Exchange’s Judicial Power Project, comments on the way in which the Conservative manifesto ‘sets out an ambitious agenda in response to the problem of judicialisation of war’. He points out that this was first placed on the wider public agenda ‘by Policy Exchange in two landmark papers, Fog of Law and Clearing the Fog of Law’.

Lawfare against the Armed Forces must be on the next Government’s agenda

Policy Exchange placed lawfare against our Armed Forces and the “judicialisation of war” on the map with two seminal studies — The Fog of Law and Clearing the Fog of Law. Professor Richard Ekins, Head of Policy Exchange’s Judicial Power Project, outlines the next Government’s options on this vital topic, which is of growing concern to the British public as well as the professionals.

The European Court of Justice is not an impartial court and has no role to play in post-Brexit EU-UK relations

Leading authority on EU Law, Dr Gunnar Beck (SOAS), writes for Policy Exchange’s Judicial Power Project to explain why, as a matter of law, Britain can leave the EU without any liability for any allegedly outstanding sums under the EU budget. Dr Beck dismantles Helena Kennedy QC’s suggestion in the Guardian last week that the EU Court of Justice should have a role in post-Brexit Britain

Latest News

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Latest Events

No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Latest Tweets

BLOG – What makes a great entry to the Wolfson Economics Prize? Read our interview with former finalists 👇 "If you have a good idea just go for it. The fact I won should be testament to the fact that anyone can succeed" @gergely_raccuja (Winner, 2017)