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Judicial selection & the will of the people

16 June 2017 / Charles Auld , Kate Harrington
Issue: 7750 / Categories: Features , Profession
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Charles Auld & Dr Kate Harrington reflect on what can be done to maintain confidence in judicial decisions

‘Enemies of the people’ screamed the tabloid press in the wake of the High Court’s Brexit ruling on Art 50. Such was the apparent public venom against those judges that at one stage it seemed that Lord Thomas, the Lord Chief Justice, might be wise to follow the example of the previous Welsh Lord Chief Justice, Lord Jeffreys. After the Glorious Revolution of 1689, ‘Hanging Judge Jeffreys’ as he is better known took refuge in the Tower of London to avoid the wrath of the mob. He was more fortunate than his predecessor, Sir John Cavendish, who was murdered by the mob during the Peasants’ Revolt of 1381 and his head stuck on a pike. So denigrating the judiciary is not a new pastime, but as the President of the Supreme Court Lord Neuberger made clear, vitriolic attacks by the Press undermine the rule of law and politicians could

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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