Tag: Judicial Activism
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Sanjit Nagi: A Road to Nowhere: Reforming the European Convention on Human Rights
Over the last few weeks criticism of the European Convention on Human Rights (ECHR/the Convention) and suggestions that the United Kingdom (U.K) should attempt to reform the supranational instrument, and by extension the Human Rights Act 1998 (HRA 1998), have dramatically intensified. Interestingly, calls for reform have not just come from the conservative side of…
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Nicholas Reed Langen: Is the Supreme Court more interventionist?
The global outpouring of grief upon the death of Justice Ruth Bader Ginsburg in September showed how complete her transfer from justice of the Supreme Court to international icon was. Notorious enough to just be known by her initials, RBG was a judge celebrated in popular culture like no other. Hollywood A-lister Felicity Jones portrayed…
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Richard Kirkham: JR55: Five Activist Strategies a Judge Should Avoid
The ruling of the Supreme Court in JR55 raises a host of issues which deserve a much fuller analysis than can be developed in this post. The best reading of the case is that its impact is largely isolated to the Northern Ireland Commissioner for Complaints scheme involved, an ombudsman scheme which closed on 1st…
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TT Arvind and Lindsay Stirton: Why the Judicial Power Project Is Wrong about Anisminic
Editors’ note: Following discussion with the editors of the Judicial Power Project (JPP) Blog, the UK Constitutional Law Blog is prepared, subject to editorial decision, to print replies to JPP posts. The Judicial Power Project lists fifty supposedly problematic judicial decisions. Although a small number of these are private law cases, the vast majority concern…
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Tom Adams: Lord Sumption and Judicial Responsibility
Lord Sumption has for some time been an important man, and very recently became more important.[1] Indeed, he was too important already on the 9th of November 2011 for Lincoln’s inn, which reached capacity long before he read the opening lines of his F A Mann lecture. The lecture concerned a big question, quite possibly…