*/
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.
It’s been a particularly hectic period in both the political sphere and our working lives
Casey Randall explores the benefits of prenatal paternity testing and explains how the test is performed
Philip N Bristow explains how to unlock your aged debt to fund your tax in one easy step
Kate West discusses how best to interpret a drug test report, and the common misconceptions about what can be learnt from a drug test
Ashley Hodgkinson looks at drug testing methods and some of the most common ways people try to cheat a drug test
Clerksroom Chambers has recruited Matthew Wildish from 3 Paper Buildings (3PB) to a newly created position of Director of Clerking. Matthew joined the team at Clerksroom on 1 June
How did the international DJ and BBC Radio 1Xtra presenter find his transition to the Criminal Bar? Mark Robinsons secrets of a successful career change and his perception-breaking projects
Barrister, historian, legal biographer it was pure serendipity that the whirlwind silk went into the law and found his niche as a bestselling author, finds David Rhodes
Surely diversity of thought at the Bar is a good thing? Why are chambers shoehorning all applicants for pupillage into the same mould? Roxy Lackschewitz-Martin looks at the diagnostic gap and neurodiversity in pupillage applications
On the hunt for the perfect beach book/listen? Circuit Leaders, Michelle Heeley QC, Richard Wright QC, Kate Brunner QC, Lisa Roberts QC and Christine Agnew QC share their recommendations
From a chance airfield encounter to war crimes counsel, Karadzic trial judge, International Criminal Court judge and Independent Adviser to the Ukrainian Prosecutor General Sir Howard talks to Anthony Inglese CB about the pivotal points that shaped his career
