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13 November 2008
Issue: 7345 / Categories: Opinion , Human rights
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Three double acts

Democracy and human rights are bedding down well, says Roger Smith

Lady Justice Arden, tipped soon to join Baroness Hale on what will become the Supreme Court, has given a spirited defence of the Human Rights Act (HRA 1998). The “overarching” point of her address to a JUSTICE conference was that HRA 1998 has changed the way in which we think about democracy: “One of the byproducts of the Convention is that when it comes to qualified rights we are expressly directed to think about democracy …[and] much more thought … could usefully now be given to what is meant by ‘necessary in a democratic society’.”

This is a phrase used in the European Convention on Human Rights to qualify rights such as that of freedom of speech. Lady Arden speculated about how the creation of the Supreme Court might change the procedures of the House of Lords. The court will have, she acknowledged, the same powers as the existing appellate committee of the House of Lords. However, it was the “start of a new chapter” and

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NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
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