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


Hartlepool is a Wake-Up Call for my Party

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?

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

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.

read more
The inevitability of the Union

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.

read more

Latest Publications


Hartlepool is a Wake-Up Call for my Party

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?

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

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.

read more
The inevitability of the Union

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.

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

The ECHR and the future of Northern Ireland’s past

In this paper, which is the revised text of his recent lecture for Policy Exchange’s Judicial Power Project, John Larkin QC reflects on the state of the United Kingdom’s constitution. The paper discusses an aspect of an important provision of the European Convention on Human Rights — the procedural obligations under the Article 2 provision on the right to life, and its implications for how policy on the legacy of the Northern Ireland Troubles is to be made.

The Law of the Constitution before the Court

The Supreme Court’s prorogation judgment, Miller/Cherry, was contrary to the settled law of the constitution. This paper, which complements and completes an earlier critique, refutes attempts to deny the judgment’s revolutionary character, attempts that cannot be squared with key facts about prorogation in the run-up to the Bill of Rights 1689, with Erskine May’s Law and Practice of Parliamentary, and with the primary 20th century textbook on the law of the constitution. The paper details the factual misjudgements and injustices at the heart of the Supreme Court’s judgment, and confirms the wisdom of the law of non-justiciability that the judgment casts aside.

Latest Blogs

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

and

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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