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The rule of law

01 August 2014 / Roger Smith
Issue: 7617 / Categories: Opinion
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Three recent stories underline the meaning of the rule of law in modern constitutions & politics, says Roger Smith

There was no surprise for readers of The Telegraph in leaked plans by David Cameron to make legislation against the jurisdiction of the European Court of Human Rights the “centerpiece” of the next election manifesto. On 2 February this year, they read a piece from the paper’s political correspondent to almost the same effect, save that the plan was to make it the cornerstone of the European election plan. There was one variant—originally the Supreme Court was to be the boss; now it seems Parliament (effectively the government of the day) is to have that honour.

The plan emanated from a Tory party committee chaired by the now departed Home Office minister Damian Green and containing Michael Howard and young Turks like the ambitious Dominic Raab. Behind the scenes, the issue has been pushed by the Tories’ favourite think tank, Policy Exchange, for some time. Michael Pinto-Duschinsky was their point man. In 2011 Policy

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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