ICLR Blog

Book review: The Modern Judge by Sir Mark Hedley

Based on a series of public lectures given in 2015, this little gem of a book on the modern art of judging should be required reading for anyone seriously interested in law and the judicial system. As a former High Court and before that circuit judge, Sir Mark Hedley brings to his reflections a vast experience of criminal, civil and especially family cases. His observations on his role as a judge are timely and illuminating. Review by Paul …

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Weekly Notes: legal news from ICLR — 13 February 2017

This week’s tour of the legal horizon includes a parliament voting, a speaker speaking, a court reporting, a president tweeting and a couple more of those referendum thingies. Will o’ the people or will o’ the wisp, we’ve all got democracy coming to us.

 

  [Image via the ImmigrationJustice.US portal: see story below]

 

Parliament When is a concession not a concession? When it’s something you could have had anyway.

The government …

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Weekly Notes: legal news from ICLR — 6 February 2017

This week’s roundup of legal news and commentary features a poor reflection on parliament, an attempt to bring employment law to heel, an investigation into fake news and a man with a fake tan. Never a dull moment these days.

Brexit A Looking Glass Vote

‘I don’t understand you,’ said Alice. ‘It’s dreadfully confusing!’ ‘That’s the effect of living backwards,’ the Queen said kindly: ‘it always makes one a little giddy at first—’ ‘Living backwards!’ Alice repeated in great astonishment. …

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Family law no island (5): Precedent — a search for certainty in law

Points of Law

David Burrows continues his series discussing the impact on family law and practice of legal developments in other areas, with the first of two articles on the common law doctrine of precedent.

1. Precedent: a search for certainty in law Certainty and the law

In his Sir David Williams lecture The Rule of Law 2016 (PDF) Lord Bingham nominated as his first ‘sub rule’ for his definition of rule of law, that the law must be clear and accessible:

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Weekly Notes: legal news from ICLR – 30 January 2017

This week’s roundup of legal news and comment is all about the Law versus the Executive, with our Supreme Court upholding parliamentary sovereignty in the face of a trigger-minded executive at home and federal judges blocking executive overreach in the USA. Yes, it’s all been kicking off this week, but there’s a lovely ray of sunshine from down under, if you can stay the distance. UPDATED 31 January 2017.

Constitutional law Supreme Court recognises Parliamentary …

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Weekly Notes: legal news from ICLR — 23 January 2017

This week’s roundup of legal news and comment includes a prime minister, three presidents, a consultation, and another referendum. No one can say it hasn’t been an eventful week!

Politics May’s big speech: a hard (boiled) Brexit

On Tuesday Theresa May delivered her much talked-up and widely anticipated speech on the UK’s big “plan” for leaving the EU. No big surprises, really, except that she made clear what was already implicit from …

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Brexit: what the hell happens now? Book review

The Brexit vote took the nation by surprise. For those who voted to Leave, exiting from the EU can’t happen fast enough. But few seem to appreciate what is actually involved in achieving this. Ian Dunt’s book examines the options and implications, and makes clear that the referendum result was only the start of a long period of discussions, negotiations, decisions and agreements which will take years, if not decades, to conclude. Review by Paul Magrath.

Brexit: what the …

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Weekly Notes: legal news from ICLR — 16 January 2017

This opening salvo of our regular termtime bombardment of recent legal news and comment includes a war law jaw,  a mailmash on lawyers’ earnings, a mismatch on hate speech, and a ban on abusive cross examination. Plus legal snippets from foreign climes.

International law AG: it’s war! But not as we know it

The Attorney General, Jeremy Wright QC MP, set out the limits of the modern law of (state) self-defence in …

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Family law no island (4): A metwand for family proceedings — common law and vulnerable witnesses

Points of Law

Continuing his series discussing the impact on family law and practice of legal developments in other areas, David Burrows questions Sir James Munby’s recent announcement that primary legislation is required to remedy the situation in which the victim of alleged abuse can face cross-examination by their alleged abuser in the family courts in a manner not permitted in the criminal courts. He suggests there is already a solution available under existing case law and statute.

Evidence of …

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Human Rights in the World: Why the West is not necessarily the Best

At a panel presentation given at the Annual Meeting 2017 of the Association of American Law Schools in San Francisco this week, six law professors gave short talks on the topic of Human Rights Outside the West. Although each speaker approached the topic from a different perspective, there was a common theme: how well has the Western human rights paradigm travelled outside its home territories? Should we, indeed, regard it as essentially Western in nature and unitary in …

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