environment

Gordon’s speech – and law as a stick for governments

September 30, 2009

Gordon Brown’s conference speech yesterday gripped the nation, obviously – if you want to know what I thought of it politically, have a look at my other blog. A couple of constitutional and legal points emerged from it too, though. Obviously, there was his surprising (in the civil service sense – a phrase I may [...]

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Lords judgment: Kay v Metropolitan Police

November 27, 2008

The other Lords judgment yesterday came in this interesting case about section 11 of the Public Order Act 1986, and whether Critical Mass is a procession requiring to be notified to the police, or is exempt under subsection (2) as a procession which is “commonly or customarily held”. Critical Mass is a gathering of cyclists [...]

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The "Kingsnorth Six" Trial

September 3, 2008

Six people are on trial at the moment at Maidstone Crown Court for criminal damage, having painted slogans on Kingsnorth power station last year in protest against climate change, and will be defending themselves on the basis of “lawful excuse”, criminal damage only being an offence if done without lawful excuse, the law allowing for [...]

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Case C-440/05 Commission v Council

December 5, 2007

I’ve left it far, far too long before commenting on the important “ship-source” pollution case in which the European Court of Justice gave its ruling a few weeks ago. Remiss of me. But even if the delay means I’ve lost all credibility with you, you can believe me that the case is a more interesting [...]

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An Inconvenient Judgment

October 11, 2007

I’m not entirely happy with Burton J’s Administrative Court judgment in Dimmock v Secretary of State for Education, in which he criticised Al Gore’s film, An Inconvenient Truth. I think the judgment is an unfortunate exercise in micromanagement of education policy and teaching, and slack in its legal reasoning. Mr. Dimmock was arguing that the [...]

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Commission’s Environmental Crime Proposal

February 10, 2007

The European Commission has announced that it’s submitting to the EP and Council a proposal for a Directive on environmental crime. This is its reaction to the European Court of Justice’s ruling in the Commission v Council case in 2005. The case was all about who has power, under what can reasonably be called the [...]

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