To Assist the Court

October 26, 2009

Third Party Interventions in the UK In recent years, UK courts have begun to allow third party interventions – applications by public bodies, private individuals or companies, or NGOs to make submissions which raise some issue of public importance. The establishment of a Supreme Court for the UK raises a number of questions concerning such […]

Secret Evidence

June 10, 2009

Secret evidence is unreliable, unfair, undemocratic, unnecessary and damaging to both national security and the integrity of Britain’s courts. The idea of a fair hearing is as old as western civilization itself. This core principle of British justice has been undermined as the use of secret evidence in UK courts has grown dramatically in the […]

Assessing Damage, Urging Action

February 17, 2009

Report of the Eminent Jurists Panel on Terrorism, Counter-terrorism and Human Rights This report of the International Commission of Jurists’ Eminent Jurists Panel, based on one of the most comprehensive surveys on counter-terrorism and human rights to date, illustrates the extent to which the responses to the events of 11 September 2001 have changed the […]

The Constitutional Role of the Privy Council and the Prerogative

January 26, 2009

“This is a problem of real substance, well beyond mere harmless and quaint ceremonial. It is surely a loophole in our constitutional safety net – a way in which hard law can be directly created, affecting fundamental rights, whilst by-passing Parliament and any prior accountability. The very same issue was a matter of controversy between […]

Righting Miscarriages of Justice?

October 1, 2008

Ten years of the Criminal Cases Review Commission The Criminal Cases Review Commission (CCRC) has its genesis in a series of catastrophic wrongful convictions in the 1970s. The cases of the Guildford Four, the Maguire Seven and the Birmingham Six marked a low point in British justice. The Runciman Commission, set up in response to […]

Human Rights and the Future of the European Union

April 1, 2008

“There is no room for complacency about human rights in Europe in the 21st century.” Human Rights and the Future of the European Union argues that EU institutions must be governed by a clear and coherent legally binding and enforceable human rights framework. Without such a framework, the EU risks becoming a black hole for […]

A British Bill of Rights

November 19, 2007

Informing the debate A bill of rights would be a momentous constitutional development. It would shape our legal and political culture for years to come. The issues are complex and contentious. Only with thorough analysis and debate can we decide if a bill of rights is good for Britain. A British Bill of Rights: Informing […]

The Future of the Rule of Law

November 1, 2007

This paper addresses an issue which is crucial to the success of any constitutional settlement or renewal of our democracy. Adherence to the rule of law should be a cornerstone of any attempt to rebuild trust in political institutions and revitalise engagement in the democratic process. The Future of the Rule of Law specifically argues: […]

From Arrest to Charge in 48 Hours

Complex terrorism cases in the US since 9/11 Executive Summary Under the Fourth Amendment of the US Bill of Rights, the maximum period of pre-charge detention in criminal cases is 48 hours. Despite the US government’s resort to a wide range of exceptional measures since 9/11, including the use of indefinite detention in Guantanamo Bay, […]