Commonwealth Law Conference: Cherie Booth backs judges in human rights cases, saying the buck stops with Parliament

Solidarity on judicial independence is needed across the Commonwealth - from Britain to Zimbabwe - lawyers from the 53-nation community were warned this week.


The golden jubilee Commonwealth Law Conference in London this week also heard Cherie Booth QC defend the role of judges in human rights cases and Bar Council chairman Guy Mansfield QC caution against removing normal procedural rights for terror suspects.


In his keynote address, Sir Shridath 'Sonny' Ramphal QC, former secretary-general of the Commonwealth, told almost 1,000 delegates that 'with terrorism on the doorstep here in Britain, principles of liberty and justice as Commonwealth countries have known and valued them will become endangered'.


Explaining that what happens in Britain still sets the benchmark for many Commonwealth countries, he continued: 'Nowhere in the Commonwealth, nor anywhere beyond it, do we need, for example, precedents for political dictation to the judiciary or threats to the authority or independence of judges; and yet such precedents loom, from the likeliest of quarters but in even the unlikeliest of places.


'Today in the Commonwealth, there is need for solidarity on the independence of judiciaries - from Britain to Zimbabwe.'


He said every branch of the legal profession has a particularly critical role and responsibility at this time, even if it has to take 'an unpopular approach requiring courage in advancing'.


Earlier in the conference, Ms Booth argued that criticism of the role of judges in making human rights rulings was misplaced because rather than them having the final word, 'at the end of the day, the matter returns to Parliament'.


'It was the democratic legislative branch which produced the Human Rights Act,' she stressed, saying there was no sign that the public wanted to vote for politicians who oppose it.


The comments came in the wake of indications from her husband, Tony Blair, that his government might amend the Human Rights Act so as to prevent judges from overturning attempts to deport foreign extremists.


Ms Booth said human rights are 'far too important' to be left to judges alone. 'Have we a human rights culture in the UK at the moment?' she asked. 'Not totally, no. Are we moving towards it? I hope so.'


Meanwhile, addressing the opening ceremony, Mr Mansfield won applause for his call to 'guard against attempts to remove the procedural rights that we afford to any "ordinary" defendant. The doctrine of necessity is a dangerous handmaiden'.


He continued: 'We must be careful our governments do not create a new category of defendant denied basic rights hitherto thought indispensable. So too we must speak up for the independence of the judiciary - if that goes we are all lost.'