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01 August 2014 / Roger Smith
Issue: 7617 / Categories: Opinion
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The rule of law

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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

Slater Heelis—Probate & Court of Protection team

Slater Heelis—Probate & Court of Protection team

Slater Heelis brings Probate and Court of Protection expertise together with new dedicated team

Clarke Willmott—Antonia Power

Clarke Willmott—Antonia Power

Antonia Power joins Clarke Willmott in Taunton

Haynes Boone—Chris Acton

Haynes Boone—Chris Acton

Chris Acton joins Haynes Boone as chair of UK derivatives platform

NEWS
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
Workplace bullying and harassment can no longer be left solely to HR, as financial regulation scrutinises culture, character and fitness
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