Legislation is a “crude and inflexible tool” as far as protecting rights of privacy is concerned, Desmond Browne QC has warned.
Addressing a Conservative Party Conference fringe meeting, the Chairman of the Bar Council looked at the way the courts and Parliament have handled the balance between privacy rights and freedom of expression.
“I believe that the incremental development of the law by the judges has proved to be infinitely preferable to the big bang of legislation,” he said. “I think that the case law, European and domestic, which lays down that neither the right to privacy nor that to freedom of expression has presumptive pre-eminence over the other is the right approach.”
The Australian Bar Association Conference examined how English law deals with human rights considerations, privacy issues and direct access, reports Justice Glenn Martin.
Why did 150 Australian barristers and judges come to London in June to hear about the law of England and Wales? We, the Australian Bar Association (“ABA”), came precisely because the law is, to varying degrees, different in this jurisdiction. And because of the different ways in which the profession and the judiciary have dealt with problems which have also arisen in Australia. And because exposure to different ideas and attitudes challenges you to re-assess your own decisions and behaviour.
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
Its been a particularly hectic period in both the political sphere and our working lives
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