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12 August 2016 / Sir Geoffrey Bindman KC
Issue: 7711 / Categories: Features
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The road to democracy

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How did the UK develop from an autocratic monarchy to a representative democracy where human rights are generally upheld, asks Geoffrey Bindman QC

Why did so many vote for Brexit? One reason, widely acknowledged, is sovereignty. Many believed we had lost it to foreign bureaucrats in Brussels. Leaving the EU was seen as retrieving a prized possession carelessly mislaid. Others—of whom I am one—believe that agreeing limitations on our activities in return for reciprocal limitations by other states does not nullify the democratic authority of the UK parliament. That is where sovereignty resides and we should be grateful for it.

Of course our system has its anomalies and weaknesses but its virtues stand out when we reflect on the long and bloody history which has brought us from an autocratic monarchy to a representative democracy where human rights are generally upheld. History should also teach us humility. We do not need to look far back to find brutality in Britain equal to the barbarities of Islamic State or the legal systems of Saudi

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The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
Non-court dispute resolution is no longer an alternative in family law—it is rapidly becoming the norm
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