Andrew Tettenborn is a professor of law at Swansea Law School
Authorities encountering the kind of civil disorder that has marked the last few days in Britain are best advised to keep a cool head and quietly deploy the powers of the ordinary law to face it down. Unfortunately there are worrying signs that this is not happening. The announcement from the Director of Public Prosecutions
Yesterday evening, the government instituted a little-known procedure called the Additional Courts Protocol. Set up following the 2011 London riots, this involves emergency ad hoc magistrates’ courts sitting 24 hours a day to deal swiftly with the troublemakers. This was the right decision. But it still may come back to bite the people who made
Universities fought tooth and nail against plans to impose fines if they failed to uphold freedom of speech. That proposal – contained in last year’s Higher Education (Freedom of Speech) Act – was one of the few things the Tory government could point to as a success. But under Labour the plan has been shelved.
Nobody said much about it before the election, but the new government inherits a ghastly financial problem with the higher education system. Rising costs, stagnant tuition fees, and a big drop in foreign student enrolments have left several universities tottering like ivory Jenga towers. We probably have too many universities This week we got an inkling of
The prison sentences passed on the Just Stop Oil protesters who immobilised the M25 – five years for Roger Hallam and four for the others – were certainly stiff. With prisons overflowing and some violent offenders receiving less harsh sentences, a small reduction in the jail terms might have been justified. But despite the backlash
The botched assassination attempt on Donald Trump could well generate a wave of sympathy that helps waft him into the White House in November. Another indirect result of those same events may contribute further to this effect. Until the Republican National Convention opened in Milwaukee this week, the GOP had a potentially awkward problem over
Life in the Berlaymont building, the Brussels headquarters of the European Union, just got a bit more surreal. A striking feature of the EU is its rotating presidency, under which the 27 member states take it in turns to do a six-month stint running its technically supreme political body, the European Council. This week, Hungary,
If you gaze south from the sarsens of Stonehenge, your view at present is of a constant crocodile of cars and caravans grinding along the nearby A303 en route to the West Country. Unfortunately the government’s plans to improve matters by burying the road in a neat two-mile tunnel, already badly delayed by activist lawfare,
James Cleverly may now be a care-and-maintenance Home Secretary, but even so he will be heaving a sigh of relief as he finally tapes up the file on Julian Assange. The Australian journalist and WikiLeaks founder was on the point of being extradited to the US for revealing state secrets obtained from agents in that
‘Britain is evolving from a democracy towards a kritarchy – the rule of lawyers,’ wrote Ross Clark in today’s Spectator magazine. His gloomy prediction has been proved correct almost immediately. A 3-2 majority in the Supreme Court today put the emergency brakes on long-standing plans to extract oil at Horse Hill in Surrey when it struck down
In this election, neither Labour nor the Tories are particularly interested in serious constitutional reform. By contrast, there’s one smaller opposition party that makes it quite clear in its manifesto that it does believe in serious democratic change to make government radically responsive to what voters want. That party is Reform. True, there’s a lot in
If anyone thought our relations with the EU since the Brexit referendum would be a respectful dialogue of equals, they were quickly disabused. Relations remain, to use an understatement, strained. Three national opposition parties have all chosen to weaponise this unpleasantness, and call for re-engagement with at least some EU institutions. Before you follow them
We are set for another high-profile tussle between Budapest and Brussels. Yesterday the EU Court of Justice chose to impose a whopping €200 million fine on the Hungarian government for failing to apply EU asylum laws, a fine that increases by €1 million for every day the infringement continues. Politics is never very far from the surface
The Tories are pledging to reshape our homicide laws if they win re-election. There could, as in many US states, be first-degree murder for intentional killing, second-degree murder for manslaughter because of diminished responsibility or death arising from a deliberate wrong. Rishi Sunak is also promising to get tough on domestic abuse, with a minimum
Rishi Sunak’s unequivocal statement this week about sex and the Equality Act was a clever piece of electioneering. Subsequent reports suggesting that the Tories planned to harden their stance on the European Convention on Human Rights (ECHR), by contrast, had the air of a measure taken in sheer panic. Regrettably, this will be obvious to
On Friday, the High Court in Northern Ireland deflected a serious threat to the right to free speech, not only in the province but also in the country as a whole. It was, however, a very close-run thing, and the affair is still highly worrying. A Northern Ireland Assembly law that came into effect last
Rishi Sunak said on Tuesday what many of us have quietly suspected for some time. As a nation, we have too few apprentices and too many university students. Why not, he said, look hard at the higher education courses we provide at public expense, and where we see high drop-out rates, or poor employment and
The Georgian parliament has rammed through its new foreign agents law amid massive protests, overriding the veto of pro-western and pro-EU president Salome Zourabichvili. The new law essentially will require all non-commercial organisations operating in Georgia to register as foreign agents and publicise themselves as such if they receive over 20 per cent of their
It has been argued that the preparedness of the courts to declare governmental action unlawful is vital to the rule of law. Well, up to a point, Lord Copper. Yesterday’s High Court decision which annulled new police powers to control protests shows that there might be two sides to this, especially when you find yourself on the school run behind a deliberately
James Cleverly won’t be able to move the Julian Assange file out of his inbox quite yet after all. The High Court has allowed Assange to appeal once more against extradition to the US on the basis that no sufficient assurances have been received over his ability to rely on the First Amendment if tried
