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22 November 2007
Issue: 7298 / Categories: Opinion , Profession
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The NLJ Column

The legal profession has a duty to stand up to executive intimidation

When Pakistan’s president, Pervez Musharraf, declared emergency rule in his country, he told the nation that the measure was necessary to control growing Islamist extremism in Pakistan.

A significant feature of General Musharraf’s crack-down was the arrest and detention of judges and lawyers who he perceived as crippling his government.

EARLIER PRECEDENT

Musharraf is not the first leader to attack the judiciary in this way. An earlier precedent can be found in Egypt where over 1,000 judges threatened to boycott presidential and Parliamentary elections in 2005 unless the government took steps to control corruption, and even earlier in 1968 the judiciary was so outspoken about Nasser’s war policy that he dismissed them in what became known as the “massacre of the judiciary”.

More surprisingly, executive belligerence towards the judges and a determination to emaciate them of their powers has been demonstrated both in the US and the UK, the former by attempting to put detainees beyond the reach of the judges in Guantanamo Bay

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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