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NLJ this week: The private, the public & political parties

09 February 2024
Issue: 8058 / Categories: Legal News , Constitutional law
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Our current prime minister was ‘elected’ by about 160,000 Conservative Party members, yet members of the public have no right to know basic information about them

This includes how many live abroad and whether their identities were verified by the party. Should we be able to know this? How does the role of political parties sit within our constitutional rights and responsibilities?

Writing in this week’s NLJ, Dr Graham Zellick KC delves into the issue of whether political parties should be viewed as public bodies rather than private associations. They were held to be the latter by the High Court in a recent judicial review brought by Tortoise Media against the Conservative Party.

Zellick, a former Professor of Public Law at Queen Mary & Westfield College as well as a former Electoral Commissioner, writes: ‘Fordham J may have been adhering to the authorities, and his analysis and reasoning are indeed plausible, but they fly in the face of political and constitutional reality.’

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
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