*/
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 Chair of the Bar reports back
Susie Griffin on the admin that keeps barristers from billable work
Clement Cowley, Partner at The Penny Group, explains how global events can influence the performance of pensions and ISAs, and why taking a long-term approach to investing is often the most effective strategy
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, discusses what family law professionals need to know about hallucinogens, from the main hallucinogenic drugs encountered in family proceedings, to their effects and the testing options available
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
At the start of her term, Chair of the Bar 2026 Kirsty Brimelow KC set out a series of priorities for the year ahead. One of those priorities was children in the justice system
As the world becomes more digital, Barbara Vinagre Mota examines international research into the mental health consequences of judges’ exposure to graphic and immersive evidence, highlighting the importance of support systems
In an era of patient-centred care and growing concern over misconduct in medical settings, why do women still lack the right to choose women consultants for examination and treatment? Charles Davey investigates
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
