All articles by Joshua Rozenberg – Page 18
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Old World countries must try harder on human rights
Britain should take steps to ban complicity in torture, the most senior elected official at Europe’s largest representative body said in London this week. I don’t suppose the government was too worried. It would be cruel to say that Terry Davis is not a household ...
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How Pinochet tainted Hoffmann's brilliant career
So, farewell then Lord Hoffmann. The much misspelled judge retired as a law lord this week to earn some real money as an international arbitrator and mediator. He will practise from Brick Court Chambers – whose joint head, Jonathan Hirst QC, proclaimed that Hoffmann’s ‘reputation as one of the leading ...
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Should the AG have power of veto over arrests for war crimes?
After spending nearly 35 years as a public prosecutor, it can’t be very easy to switch from advising on what the law is to thinking about what it ought to be.
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Whitehall's concessions over secret inquests are a mixed bag
Can a secret inquest ever be justified after a person has died at the hands of the state? Or does the government deserve some credit for limiting the likelihood that future inquests will be held behind closed doors? That was a key issue that divided MPs as they spent two ...
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Britain’s electoral registration system faces overhaul
Great Britain is to become a democracy – but not quite yet. That’s the message that emerged from a ‘historic’ but little-reported late-night announcement by the justice minister last week.
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The ECHR’s ‘realistic’ ruling on unlawful detention
Judgments involving Abu Qatada are a bit like buses: you wait ages for one to turn up and then two come along together. Last Wednesday, the home secretary won her appeal to the House of Lords against a ruling that the radical Muslim cleric could not ...
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Lord Bingham monitors the Binyam Mohamed controversy
David Miliband won something of a hollow victory over the media last week. The foreign secretary persuaded two judges not to publish ‘seven very short paragraphs’ they had withheld from a judgment last August. These 25 lines summarised reports to British security and intelligence officials by ...
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Britain’s military prosecutor will never ‘go native’
News that President Obama had decided to end military trials at Guantanamo Bay broke just as I was on my way to see Britain’s new military prosecutor, providing me with a perfect starting point for my interview. But it is very difficult to imagine Bruce Houlder ...
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Solicitors and judicial appointments
Solicitors will have to try a little harder if they want to become High Court judges, the Lord Chief Justice suggested last week. ‘I doubt whether it is fully understood that any solicitors intending to seek a full-time judicial appointment should gain part-time sitting experience,’ Lord Judge said, ‘and that ...
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Dame Hazel Genn warns of 'downgrading' of civil justice
Mediation ‘is not about just settlement’, said Professor Dame Hazel Genn earlier this month. ‘It is just about settlement.’ This pithy attack on received wisdom aptly summed up three excoriating Hamlyn lectures in which the professor of socio-legal studies at University College London stripped away some ...
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Unresolved issues relating to the role of the Supreme Court
Despite the refreshing openness of last week’s judicial seminar on the Supreme Court, some of the most difficult questions remain unanswered. We learned, for example, that more than 30 applications have been received for the three judicial posts that will have become vacant by next October ...
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Jersey offers British lawyers a choice opportunity
For a couple of weeks a year, a select few British lawyers become the envy of their peers. Instead of struggling down the Strand to argue cases before unsympathetic judges, they sit as judges themselves – indeed, as no less than a court of appeal. ...
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An end and a beginning
Richard Susskind envisages a future in which bespoke legal services will be the exception. For many lawyers, says Richard Susskind, it looks as if the party may soon be over. Clients are demanding more for less. ‘The legal market looks set to be a buyer’s ...
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Stalemate in Strasbourg
Why Russia holds the key to creating a streamlined European Court of Human Rights The European Court of Human Rights has become a victim of its own success. Applications are up by 23% compared with last year. There are some 95,000 cases pending. Last month, the ...
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Life on the inside
A scathing report of Paddington Green police station deals a blow to the 42-day lobby. The prospect of Parliament backing 42 days’ pre-charge detention in terrorist cases seems to have receded even further this week with the publication of an inside account of conditions at ...
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A fraudster's charter?
Top judges are deeply concerned about plans to introduce 'plea negotiation' in fraud cases. A move to US-style ‘plea bargaining’ in fraud cases would undermine British justice, leading judges have told the government. The comments, from the Council of Circuit Judges, will ...
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Sitting pretty in pink
The vexed issue of how judges should be attired remains the subject of a colourful debate. So it’s pink! That’s the colour to be worn in court by High Court masters, Family Division district judges, bankruptcy registrars and costs judges when they don their new robes ...
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Courting controversy
The time has come for the prosecutor at the International Criminal Court to stand down Radovan Karadzic’s first appearance at the United Nations war crimes tribunal last week must have come as a welcome distraction for those working at ...
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Sending the right message
A skilled communicator will be vital to the way the Supreme Court is perceived