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29 July 2011 / Stephen Hockman KC
Issue: 7476 / Categories: Opinion , Media
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Clash of the Titans (2)

Stephen Hockman QC returns to the controversy of privacy, parliament & the courts

In my previous article I pointed out that by its approach to issues of privacy, the media was attempting to gain “significant new ground within our political system”. I had in mind the long campaign of criticism in some parts of the media of judicial decision-making in the field of privacy. A characteristic of this criticism was to allege that judicial decisions on privacy represented “judge-made law” and had no democratic legitimacy. This approach by the media over-looked the fact that Art 8 of the Human Rights Convention, which has been part of our law since the coming into force of the Human Rights Act in the year 2000, guarantees a right to family life save to the extent that this right must necessarily be overridden in a democratic society. However the main theme of my article was the weakness of the political reaction to this tension between the media and the courts: “What is lacking at present, in

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MOVERS & SHAKERS

Orwins—Maryam Abbasi

Orwins—Maryam Abbasi

Senior associate joins family law team in London

Tees Law—Stephen Williams

Tees Law—Stephen Williams

Firm appoints chief financial officer as it expands Essex office footprint

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
A landmark ruling has delivered the first judicial application of the UK’s anti-SLAPP regime and provided fresh guidance on abusive litigation
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
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