header-logo header-logo

Clash of the Titans (3)

02 September 2011 / Stephen Hockman
Issue: 7479 / Categories: Opinion , Constitutional law
printer mail-detail

Stephen Hockman QC considers the path to take in order to ease the UK’s constitutional tensions

In my last article, I pointed out some important tensions in our constitutional arrangements. In this, the third and final article in the series, I want to try to identify more broadly what those tensions are and how, if at all, they can be resolved.

Fundamental objectives

An analysis of our constitutional arrangements ought to begin with some propositions about their fundamental objectives. I suggest that the one purpose—perhaps the main purpose—of democratic government is to enable society as a whole to be organised in accordance with the will of the majority. At the same time, as we came to recognise above all in the second-half of the 20th century, the will of the majority cannot be allowed to reign unchecked. A system of government must contain very strong safeguards for individuals and groups of individuals within society, in other words minorities, whose views and behaviour do not coincide with those of the collective.

Parliamentary

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll