The Lord Chancellor, Robert Buckland QC, paid tribute to legal philosopher Professor HLA Hart’s ‘nightmare and the noble dream’, in a speech at the Queen Mary University conference last week
The nightmare of ‘judges deciding dockets of moral and political questions’ and the ‘dream of judges threading fundamental principles through every case’. Buckland said that, in the UK, the nightmare was just that but the dream ‘is not always true in every case’.
He highlighted the failure of the courts to give full effect to ouster clauses as ‘a cause for concern’.
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