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Time to rebalance the scales?

02 February 2018 / David Locke
Issue: 7779 / Categories: Opinion
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David Locke warns against the rush to abandon due process

If justice is a moveable feast, then due process is the only protection for individuals against the volatility of public opinion and those who depend upon popular support for their authority. We would do well to remember that in every real and imagined dystopian nightmare, it is the removal of due process which paves the way for the imposition of authoritarian control.

Defining justice

What is justice? Once you think you have a definition, contrive a hypothetical situation and put it to 12 of your peers. Ask them to explain what they consider would be a just outcome. Do this individually so there is no peer pressure and the chances are that you will get 12 different answers. At that point, noting the temptation to simply substitute your own judgment in the matter, return to the opening question and ask yourself once again: what is justice?

The exercise might persuade you that justice is just a mirage, always shifting gently and out of reach.

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MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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