Category Archives: Constitutional & Administrative Law

Integrity – Academics to the Rescue 2

Jack Straw, the former Justice Minister, appeared this evening in the Dispatches Programme on Channel 4 television. Unaware that he was being filmed, he supposed that he was being offered a financial proposition. He says “these things are best kept … Read More »

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Academic Freedom – The Chinese New Year – Academics to the Rescue 1

I was once told by a practising lawyer that there was no such thing as academic freedom. He was incorrect. Academic freedom is the application of freedom of speech to the academic community. In the USA the First Amended protects … Read More »

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Mistreatment of the Vulnerable – The Rule of Law 10

In some parts of the country the system works properly, and in others it fails. If we scientifically study the mistreatment of the vulnerable, we might study a single day to typify the way in which the law functions.  I … Read More »

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The Substantive Content of the Rule of Law – The Rule of Law 6

Tom Bingham’s most important contribution to the rule of law is to include compliance with human rights and international law. So, the rule of law has a substantive content. This might be traced back to Lord Denning’s idea of Freedom under … Read More »

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Nobody is above the law – All are equal in the eyes of the law – The Rule of Law 5

Dicey’s two famous principles are adopted by both Tom Bingham and the WJP. (1) Dicey said that nobody is above the law. Historically, the trial of Charles 1, and the impeachment of Presidents Nixon and Clinton could be taken to … Read More »

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Judicial Discretion – The Rule of Law 4

When Peter Taylor was appointed Lord Chief Justice in 1992, he considered (correctly) that the English legal system was the best in the world. “I believe it is despite the blemishes which have appeared recently, but I am sure there … Read More »

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Magna Carta – The Rule of Law 1

In 1214 Stephen Langton (Archbishop) and a group of barons proposed to make King John sign a charter confirming the freedoms of the nobility. In June 1215 at Runneymede over several days of negotiations the King signed a version drafted … Read More »

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