header-logo header-logo

The NLJ Column

22 November 2007
Issue: 7298 / Categories: Opinion , Profession
printer mail-detail

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

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll