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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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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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