Human Rights Reform

Professor Adam Tomkins wrote this very interesting post on his blog two weeks’ ago. The discussion in the comments that follow is particularly interesting …

Notes from North Britain

Two tensions lie at the heart of disagreements about the constitution in the United Kingdom. The first is the relation of the state to the nations that comprise it — the territorial constitution, the Union and devolution. The second is the relationship between the courts and what Americans would call the “political branches” — government and Parliament. I can think of no constitutional lawyer who would contest the proposition that the courts in the United Kingdom have become significantly stronger and more powerful than they were — say — twenty-five years ago. It is not only a perfectly reasonable question but, I would argue, it has now become a clearly required question to ask: have they become too powerful and, if so, what should be done about that.

The government’s favourite think-tank, Policy Exchange, is — typically — in the vanguard. It has launched a “Judicial Power Project“…

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