In January 2012, Lord Sumption was appointed as a Justice of the Supreme Court directly from the Bar. In December 2018 he reached the compulsory retirement age of 70 years and had to retire even though he can be invited to sit as a member of the court until he reaches age 75 - See his Valedictory via the Supreme Court website. In May 2017, Lord Neuberger said - “ ... the situation is demonstrably illogical as judges who must
retire at 70 are able to sit as part-time judges until reaching 75, and
people can be jurors until 75.”
Lord Sumption has delivered the BBC's annual Reith Lectures
Responsible and sometimes critical comment on topical legal matters of general interest. This blog does not offer legal advice and should not be used as a substitute for professional legal advice. Pro Aequitate Dicere
Tuesday, 25 June 2019
Monday, 24 June 2019
Human Rights in the UK
European Convention on Human Rights |
Rights in general - a basic note:
There appears to be no universally agreed definition of the terms "right" (or "rights") but the concept of rights is important and there is an abundance of literature in which numerous legal thinkers have sought to analyse and explain rights.
At a basic level. a right appears
Friday, 21 June 2019
Choosing the Prime Minister
Theresa May announces intention to resign |
Some thoughts on the process of choosing the Prime Minister.
On 24 May 2019, battered and broken by the stormy waters of Brexit, the Prime Minister (Rt. Hon. Theresa May MP) announced that she would resign from the leadership of the Conservative and Unionist Party. Mrs May had been forced into this position by her party's MPs - (see the media articles - links below).
The resignation duly took place on 7 June and the party began the process of electing their new leader. At the time of writing, two candidates remain in the race - Rt. Hon Boris Johnson MP and Rt. Hon. Jeremy Hunt MP. Their names
Wednesday, 19 June 2019
The concept of Rule of Law
In R (Unison) v Lord Chancellor
[2017] UKSC 51, Lord Reed said at para 68 - "At the heart of the
concept of the rule of law is the idea that society is governed by
law."
The important concept of "the Rule of Law" is much more than one of the clichés of modern life. The rule of law is invoked by lawyers and politicians but there is no precise definition to which one can turn. Nonetheless, authoritative sources contain references to the rule of law and offer descriptions of the concept.
References to rule of law:
The important concept of "the Rule of Law" is much more than one of the clichés of modern life. The rule of law is invoked by lawyers and politicians but there is no precise definition to which one can turn. Nonetheless, authoritative sources contain references to the rule of law and offer descriptions of the concept.
References to rule of law:
The rule of law is mentioned
Wednesday, 12 June 2019
Prorogation of Parliament to achieve "no deal" Brexit
Let's take back control |
Removing Parliament
Tuesday, 11 June 2019
Justice Report ~ Prosecuting sexual offences
Justice Report:
Justice has published the report of Working Party - Prosecuting Sexual Offences
"Recent years have seen a surge in sexual offence allegations. The uncovering of non-recent crimes, a rise in reporting, shifting cultural attitudes and the internet have all contributed to a large increase of cases entering the criminal justice system. In turn, this increase has thrown into the spotlight the complexities of prosecuting sexual offences. The report calls for important reforms to protect complainants and vulnerable individuals and recommends stronger obligations on internet companies to safeguard children and stop online sexual offences from taking place."
Justice has published the report of Working Party - Prosecuting Sexual Offences
"Recent years have seen a surge in sexual offence allegations. The uncovering of non-recent crimes, a rise in reporting, shifting cultural attitudes and the internet have all contributed to a large increase of cases entering the criminal justice system. In turn, this increase has thrown into the spotlight the complexities of prosecuting sexual offences. The report calls for important reforms to protect complainants and vulnerable individuals and recommends stronger obligations on internet companies to safeguard children and stop online sexual offences from taking place."
Friday, 7 June 2019
Dennis Hutchings ~ Application for Judicial Review
"Trial by jury is a hallowed principle of the administration of justice ..." - per Lord Judge CJ in R v Twomey [2010] 1 WLR 630.
A previous post looked at the on-going case of former soldier Dennis Hutchings - Northern Ireland - talking Points (30 October 2018)
Mr Dennis Hutchings (now aged 78) served with the Life Guards Regiment in Northern Ireland. He is facing trial
A previous post looked at the on-going case of former soldier Dennis Hutchings - Northern Ireland - talking Points (30 October 2018)
Mr Dennis Hutchings (now aged 78) served with the Life Guards Regiment in Northern Ireland. He is facing trial
Thursday, 6 June 2019
As the Brexit Clock ticks
Updated 11 June - 14 June:
The Brexit clock is ticking. It is now 56 days since the Article 50 "flexible" extension to 31 October was agreed on 10 April 2019 - read the Council Conclusions and Council Decision 10 April. 147 days are left until 31 October. The 56 days have seen the elections for the European Parliament, the announcement by Theresa May that she is to resign as Conservative Party leader on 7 June, and the commencement of a Conservative Party leadership election. The seemingly intractable problem of Brexit remains.
Leadership election:
In the leadership election
The Brexit clock is ticking. It is now 56 days since the Article 50 "flexible" extension to 31 October was agreed on 10 April 2019 - read the Council Conclusions and Council Decision 10 April. 147 days are left until 31 October. The 56 days have seen the elections for the European Parliament, the announcement by Theresa May that she is to resign as Conservative Party leader on 7 June, and the commencement of a Conservative Party leadership election. The seemingly intractable problem of Brexit remains.
Leadership election:
In the leadership election