Richard Ekins KC (Hon) is Head of Policy Exchange’s Judicial Power Project and Professor of Law and Constitutional Government, University of Oxford.
Our new government’s most closely-held commitment is to the primacy of human rights law. Shortly after taking office, Keir Starmer vowed that under his leadership the UK will ‘never’ leave the European Convention on Human Rights (ECHR). Last month, the Attorney General, Lord Hermer KC, undertook ‘to counter the false choice, offered by some, between parliamentary democracy and fundamental
Rishi Sunak has promised to respond to the Supreme Court’s judgment that the Rwanda policy is unlawful by agreeing a new treaty with Rwanda and introducing fast-track legislation to parliament. This has been widely ridiculed, as if the proposal were for parliament simply to ignore findings of fact made by the Supreme Court or, worse, for parliament to authorise
The death of Lord Brown of Eaton-under-Heywood means that Britain has lost a great jurist – but also, unusually in this era, a formidable parliamentarian as well. He was a modest, unassuming man (few non-lawyers will know his name), yet he made a remarkable contribution to the law and government of this country, embodying the best
The government’s inability to control our maritime border is a public scandal. Bold action is needed to make crossing the Channel pointless and put the people smugglers out of business. This will be impossible without major legal reform. So it is good news that the government is about to introduce new legislation to Parliament. The government’s Rwanda plan
In contrast to its leadership in relation to economic sanctions against the Russian state, the UK has been much too slow in imposing sanctions on named Russian oligarchs and officials. The problem is not a lack of political will. Ministers have found it very difficult to swiftly impose sanctions on Russian nationals because of the
Events in Birmingham this week reveal a crisis in the policing of public protest. It was no surprise that protestors would make their views loudly known outside the Conservative party conference. In exercising their rights to assemble and to speak, protestors play an important role in a democracy. But some of those attending the conference,
The Judicial Review and Courts Bill has its second reading today. Writing for the Guardian yesterday, David Davis MP denounced the government’s plans as ‘an obvious attempt to avoid accountability [and] to consolidate power’ which is ‘profoundly un-conservative’. He could not be more wrong. The Bill is a welcome first step in restoring the balance
Extinction Rebellion (XR) are once again blocking London’s streets, reportedly emboldened by the Supreme Court’s recent Ziegler decision – which found that deliberately blocking roads can be lawful protest. The police maintain that the judgment does not substantially change the law and that XR, like everyone else, has a right to assemble and protest but
The return of lockdown measures across parts of northern England, as well as the announcement of dozens of new peerages, almost entirely overshadowed the Lord Chancellor’s launch on Friday of an independent review of administrative law. Lord Faulks QC, former minister of state for justice, is to lead five other barristers and academic lawyers in examining
It is startling to see the Court of Appeal take over the Home Secretary’s responsibility in deciding who should be allowed to enter the UK – judging for itself the relative importance of national security considerations. But this is what the Court did in its judgment today, by opening the door for Shamima Begum to return
Some human rights lawyers have warned that emergency legislation to prevent automatic early release of convicted terrorists – confirmed by Boris Johnson at Prime Minister’s Questions today – may be unlawful and will be challenged in the courts. But the warning should not deter Parliament from enacting this legislation. It is for Parliament, not the
The main business for Parliament this week will be to consider the European Union (Withdrawal Agreement) Bill. Enacting the bill will make it possible for the UK to ratify the withdrawal agreement and thus to leave the EU later this month in an orderly fashion, with EU law set to continue in force in the
Who runs Britain? When Boris Johnson’s lawyers made their case in front of the Supreme Court this week, defending his right to prorogue parliament, they in effect brought it back to this simple question. This was a controversy for politicians to settle, not courts. Judges, they said, should think twice about ‘entering the political arena’
The Court of Session has ruled today that the Prime Minister’s advice to the Queen to prorogue Parliament, and the prorogation that followed, was unlawful and so is null and of no effect. This is a startling – and misconceived – judgment. It does not though seem itself to recall Parliament into session, if that
In our tradition, courts do not and should not stand in judgment over parliament. It is for parliament, in conversation with the people, to choose what the law should be and the duty of courts is to uphold those choices. In the years before the UK decided to leave the EU, some judges reasoned that
The political campaign against the UK’s immigration laws secured an important victory yesterday, with the High Court denouncing sections 20-37 of the Immigration Act 2014 as racially discriminatory – not by discriminatory intent or design but “indirectly”, by side effect. Those “right to rent” provisions make it unlawful for private landlords to rent property to
Faced with the prospect of the UK’s departure from the EU, some Britons are contemplating urgent measures, whether applying for an Irish passport or migrating to New Zealand. Nothing wrong with either, of course, but the latter is an odd reaction. After all, one of the implications of Brexit is that it restores the fundamental
A key question in the Brexit talks is how any deal between the EU and UK will be upheld. The government has begun to address this today, publishing a paper on enforcement and dispute resolution. One thing is clear: ministers are committed to extricating the UK from the jurisdiction of the European Court of Justice
In widely reported remarks earlier this week, Lord Neuberger, the outgoing President of the Supreme Court, called for Parliament to tell our judges very clearly how rulings of the Court of Justice of the European Union (CJEU) are to be dealt with after Brexit. Lord Neuberger’s concern is to avoid judges being left without guidance,
The question of whether assisted suicide should be legalised is back before the courts. The High Court this week is being invited to declare that the Suicide Act 1961, which prohibits assisted suicide, is incompatible with Article 8 of the European Convention on Human Rights (ECHR), which protects the right to respect for private life. Whatever
