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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
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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