*/
Lord Phillips, President of the Supreme Court, has mounted a staunch defence of the Human Rights Act 1988.
In a forthright speech at Gresham College in June, Lord Phillips said the 1998 Act was “a vital part of the foundation of our fight against terrorism”. “In my opinion, the enactment of the Human Rights Act by the previous administration was an outstanding contribution to the upholding of the rule of law in this country and one for which it deserves great credit,” he said. “Because it requires the courts to scrutinise not merely executive action but Acts of Parliament to make sure that these respect human rights, the Act has given the Supreme Court some of the functions of a Constitutional Court. Drawing the right line between protecting the rights of the individual and respecting the supremacy of Parliament is, I believe, our greatest challenge.”
However, he noted that the Act and the judges who applied it had been unfairly criticised by senior politicians and the media. Charles Clarke, when Home Secretary, claimed, “the judiciary bears not the slightest responsibility for protecting the public” Lord Phillips said: “Charles Clarke failed to appreciate that it is the duty of the judiciary to apply the laws that have been enacted by Parliament.”
In a forthright speech at Gresham College in June, Lord Phillips said the 1998 Act was “a vital part of the foundation of our fight against terrorism”. “In my opinion, the enactment of the Human Rights Act by the previous administration was an outstanding contribution to the upholding of the rule of law in this country and one for which it deserves great credit,” he said. “Because it requires the courts to scrutinise not merely executive action but Acts of Parliament to make sure that these respect human rights, the Act has given the Supreme Court some of the functions of a Constitutional Court. Drawing the right line between protecting the rights of the individual and respecting the supremacy of Parliament is, I believe, our greatest challenge.”
However, he noted that the Act and the judges who applied it had been unfairly criticised by senior politicians and the media. Charles Clarke, when Home Secretary, claimed, “the judiciary bears not the slightest responsibility for protecting the public” Lord Phillips said: “Charles Clarke failed to appreciate that it is the duty of the judiciary to apply the laws that have been enacted by Parliament.”
Lord Phillips, President of the Supreme Court, has mounted a staunch defence of the Human Rights Act 1988.
The profession has already tackled many uncertainties and risks
Harriet Challenger explains what you need to know about Phosphatidylethanol (PEth) testing and how to get the most conclusive insight into an individual’s drinking behaviour
How seriously should barristers’ chambers take the threat of cyberattack and how can they best protect themselves? Doug Hargrove offers some expert advice
With a mandate to advance best practice in crypto fraud cases and investigations, and improve recovery outcomes for victims, CFAAR (the Crypto Fraud and Asset Recovery network) founders Nick Price and Aidan Larkin discuss plans for the new network
Q&A with Carmel King of Grant Thornton UK LLP’s Insolvency and Asset Recovery practice
AlphaBiolabs is extending its support to vulnerable families once again this Christmas
As we face 2022, the profession feels restless, the job feels relentless but we are in good hands: our new yet seasoned leader talks to Joanna Hardy-Susskind about his concerns and ambitions for the Bar, and how we protect this truly precious, national asset
A barrister-authors cultural life and times includes an obsession with all things medieval and what it means to be British
Raggi Kotak and Laurie-Anne Power on the positive actions chambers can take to support a more racially inclusive environment
Can we make life in the law healthier and happier? asks Elizabeth Rimmer
May the odds be ever in your favour, writes Emma Fielding... A follow-up to Ishan Kolhatkars article (and the Twitter debate it sparked) on how to solve the problem of pupillage supply and demand
