*/
“The truth is that publicly perceived and generally accepted social and moral standards change, and, within limits, the legislature and the courts must reflect those changes, if they are to retain democratic relevance and public confidence”, said the new Master of the Rolls, Lord Neuberger of Abbotsbury, at the 2009 Denning Lecture.
Speaking on the topic of “Rights and Responsibilities: Civic Duty and the Rule of Law”, Lord Neuberger stressed the importance of performing a balancing act. “What a sixty years it has been”, he noted since Lord Denning himself defined freedom in 1949 as “the freedom of every law-abiding citizen to think what he will, to say what he will, and to go where he will on his lawful occasion without let or hindrance from other persons”.
Lord Neuberger stated that there are “immutable” values although it is impossible to be didactic or precise as to the extent of these core values. He however was able to name several. Chief amongst rights and responsibilities are the right of a fair trial as a “substantive, free standing right”, the right to liberty and security (including the “right to privacy” which the courts have shoe-horned into the law of confidence), and freedom of expression, which is “the means by which truth is told to power”. Rights and responsibilities though need respect (“the more we think of them as being well established, the greater the danger of our taking them for granted”). “Human rights may have a long history,” he noted “but their universal acceptance remains an ongoing project”. It is here that the judiciary and politicians have to strike a balance between rights and responsibilities—how to balance one right against another, how to balance a right against its “internal limits” and how to balance it against an overarching need to protect the very life of the nation”.
He recognised that the courts have double duties, eg not only not to act inconsistently with the right to a fair trial but also positively to secure a fair trial. He concluded by endorsing the views of his famous predecessor that when the interests of freedom are “nicely balanced” against the duties which restrict them, “the scale goes down on the side of freedom”.
The 2009 Denning Lecture was given at a BACFI meeting on 23 November 2009.
Lord Neuberger stated that there are “immutable” values although it is impossible to be didactic or precise as to the extent of these core values. He however was able to name several. Chief amongst rights and responsibilities are the right of a fair trial as a “substantive, free standing right”, the right to liberty and security (including the “right to privacy” which the courts have shoe-horned into the law of confidence), and freedom of expression, which is “the means by which truth is told to power”. Rights and responsibilities though need respect (“the more we think of them as being well established, the greater the danger of our taking them for granted”). “Human rights may have a long history,” he noted “but their universal acceptance remains an ongoing project”. It is here that the judiciary and politicians have to strike a balance between rights and responsibilities—how to balance one right against another, how to balance a right against its “internal limits” and how to balance it against an overarching need to protect the very life of the nation”.
He recognised that the courts have double duties, eg not only not to act inconsistently with the right to a fair trial but also positively to secure a fair trial. He concluded by endorsing the views of his famous predecessor that when the interests of freedom are “nicely balanced” against the duties which restrict them, “the scale goes down on the side of freedom”.
The 2009 Denning Lecture was given at a BACFI meeting on 23 November 2009.
“The truth is that publicly perceived and generally accepted social and moral standards change, and, within limits, the legislature and the courts must reflect those changes, if they are to retain democratic relevance and public confidence”, said the new Master of the Rolls, Lord Neuberger of Abbotsbury, at the 2009 Denning Lecture.
Speaking on the topic of “Rights and Responsibilities: Civic Duty and the Rule of Law”, Lord Neuberger stressed the importance of performing a balancing act. “What a sixty years it has been”, he noted since Lord Denning himself defined freedom in 1949 as “the freedom of every law-abiding citizen to think what he will, to say what he will, and to go where he will on his lawful occasion without let or hindrance from other persons”.
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession
Is now the time to review your financial position, having reached a career milestone? asks Louise Crush
If you were to host a dinner party with 10 guests, and you asked them to explain what financial planning is and how it differs to financial advice, you’d receive 10 different answers. The variety of answers highlights the ongoing need to clarify and promote the value of financial planning.
Leading legal DNA, drug, and alcohol testing provider AlphaBiolabs has made its first Giving Back charity draw of 2024 with Andrew Sibson, a Legal Officer at Leeds City Council, being chosen as its first winner
Discover Lloyd’s unique approach to financial planning and experience working with barristers
Trust Delaunay Wealth to stand by your side amid the uncertainties ahead, writes Lloyd French
Lighting fires that cast unfairness into the shadows, creating history at home and abroad, and being comfortable with who you are – the remarkable criminal and international human rights barrister Kirsty Brimelow KC
Marking International Women's Day, Will Tyler KC interviews two female silks at the helm of two huge specialist Bar associations about their lives and careers – finding a common theme both to their success and the challenges facing their respective Bars
No longer an exclusive boys’ club, but still some way to go. To mark International Women's Day, Millie Rai describes what it’s like being a young female barrister at the Commercial Chancery Bar
If we fail to nurture women’s collective talent, half the population of this country will not be properly represented – from the junior Criminal Bar right up to the senior Judiciary. We cannot let all the hard work be undone, says Tana Adkin KC on International Women's Day
In this month’s column, Chair of the Bar Sam Townend KC highlights the many reasons why barristers should pay the Bar Representation Fee and back the Bar Council’s efforts on behalf of the profession