header-logo header-logo

20 May 2010 / Roger Smith
Issue: 7418 / Categories: Opinion , Human rights
printer mail-detail

No, no, no

The country had a crash course on constitutional constraints as Nick Clegg and David Cameron crafted their deal after the election.

Roger Smith reviews three recent cases where the courts said “No”

The country had a crash course on constitutional constraints as Nick Clegg and David Cameron crafted their deal after the election. A number of journalists foamed at the mouth with impatience. There may be more lessons to come as three recent judgments indicate the growing confidence and independence of the British judiciary.

Among the new prime minister’s more unwelcome inheritance in office will be the aftermath of the more ill-advised aspects of George Bush’s war on terror. His government will have to decide whether to appeal to the Supreme Court in the case of Al Rawi and others v The Security Service and others [2009] EWHC 2959 (QB). This was a unanimous judgment of the Court of Appeal delivered by Lord Neuberger, the Master of the Rolls who made his name—and, probably, his later career—with his historic denunciation of evidence adduced

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

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
back-to-top-scroll