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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

Church Court Chambers—Maryam Syed KC

Church Court Chambers—Maryam Syed KC

Church Court Chambers welcomes Maryam Syed KC

Devonshires—Sean Garbutt

Devonshires—Sean Garbutt

Devonshires strengthens construction team with appointment of partner Sean Garbutt

Thackray Williams—Alexandra Hubbard

Thackray Williams—Alexandra Hubbard

Thackray Williams strengthens employment team with dual-qualified solicitor

NEWS
Judges and lawyers reviewing the rules of disclosure have ruled out a return to the old system of CPR Part 31, and will consult on proposals to simplify the Practice Direction (PD) 57AD regime by early next year
A consumer organisation has hit back at the Financial Conduct Authority (FCA) for encouraging motor finance compensation claimants to steer clear of law firms and claims management companies
A fast, free and anonymous piece of software has been launched to help law practices comply with their regulatory duty to guard against an increasing onslaught of cyberattacks
A mood of cautious optimism has enveloped the criminal law sector following indications the prime minister may abandon planned jury reforms
The Court of Appeal has held user damages are recoverable in a competition claim, in Meta Platforms Inc and other companies v Gormsen [2026] EWCA Civ 993
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