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01 February 2007 / Roger Smith
Issue: 7258 / Categories: Opinion , EU , Human rights , Constitutional law
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JUSTICE—50 years on

The slippery concept of the rule of law is still worth fighting for, says Roger Smith

Some things don’t change. When JUSTICE was formed in 1957, the country was recovering from a disastrous military intervention—the Suez Canal war. Elsewhere, the rule of law was abused to justify the detention of enemy combatants. One of JUSTICE’s first acts was to send observers to a treason trial in Pretoria and a show trial in Budapest. The launch of a manifesto on the rule of law during JUSTICE’s 50th year is a fitting mark of the organisation’s inheritance.

The manifesto was launched at a meeting, on 16 January 2007, co-sponsored by the Society of Conservative Lawyers, the Society of Labour Lawyers and the Liberal Democrat Lawyers Association. It received support from speakers such as Lord Goldsmith QC, Dominic Grieve MP and Simon Hughes MP. It attempts to set out the values that governments should accept as matters of constitutional principle.

They should:
 adhere to international standards of human rights;
 uphold the independence of the judiciary and

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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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