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  • Elias LJ’s Renton lecture

    Carl Gardner
    November 25, 2009

    After the great fun I had at last year’s inaugural Renton lecture, I thought I’d head to the Institute of Advanced Legal Studies to hear Elias LJ talk this year about “The rise of the Strasbourgeousie: judicial activism and […]

    Tags: house of lords, human rights, lecture
  • Two tales from Austria

    Carl Gardner
    November 24, 2009

    I’m interested that the Austrian justice minister Claudia Bandion-Ortner has disbanded a special unit of “political” prosecutors (German/Googlish) responsible for deciding whether to charge politicians suspected of offences. This is partly because of the revelation that the unit […]

    Tags: austria
  • Michael Howard on “repatriating” human rights

    Carl Gardner
    November 23, 2009

    It’s always worth listening to Michael Howard’s views on constitutional and legal matters – he was one of the first Conservatives to speak about “repatriating” policies from the EU as I recall, an idea that was considered extreme at the […]

    Tags: british bill of rights, conservatives, human rights, parliament
  • Binyam Mohamed – again

    Carl Gardner
    November 19, 2009

    Another week, another Binyam Mohamed judgment. This time, Thomas LJ and Lloyd-Jones J have decided to restore to their previous judgment the passages they redacted out at the request of the Foreign Secretary, who claims they’d endanger national […]

    Tags: government, human rights, judicial review, torture, united states
  • Open Europe calls for opt-out from equal pay

    Carl Gardner
    November 6, 2009

    For many years Eurosceptic Conservatives have wanted the UK to be “opted out” of EU social legislation – John Major negotiated an opt-out from the “social chapter” at Maastricht (though he seemed to get no thanks for that from his […]

    Tags: discrimination, employment, equal pay, eu law, europe
  • Cameron’s National Sovereignty Act: what does it mean?

    Carl Gardner
    November 4, 2009

    This afternoon as part of his new EU policy, David Cameron promised a National Sovereignty Act, to make clear that British institutions ultimately rule on our relationship with the EU. I watched his speech, and thought he made a pretty […]

    Tags: EU (Amendment) Bill, eu law, europe, parliament
  • Lord Martin on Damian Green: car-crash evidence

    Carl Gardner
    November 4, 2009

    A special Commons committee chaired by Sir Ming Campbell is currently inquiring into the arrest of Damian Green MP last year, and search of his Parliamentary offices; and on Monday they heard evidence from the former Speaker, now Lord Martin. […]

    Tags: damian green, parliament, police
  • A suggestion for Suzy Gale

    Carl Gardner
    October 29, 2009

    They’re still at it. Suzy Gale, wife of the Conservative MP Roger Gale, says

    I have taken advice from an employment lawyer and if this goes ahead I will be taking legal action for unfair dismissal or positive [sic] discrimination […]

    Tags: employment, judicial review, parliament
  • Law and Sir Chris Kelly: MPs’ spouses

    Carl Gardner
    October 28, 2009

    We’re getting used by now to MPs moaning that the sensible expenses rules now being applied to them are supposedly unlawful. The latest claim is that preventing MPs from employing spouses and relatives would lead to unfair dismissal, […]

    Tags: employment, parliament, sex discrimination, unfair dismissal
  • Binyam Mohamed: torture and secrecy; wood and trees

    Carl Gardner
    October 23, 2009

    Following on from my Charon podcast yesterday, I thought it might help to put my thoughts in writing about last Friday’s judgment. It might be farcical, except that it relates to the cruel treatment and possibly torture of a prisoner. […]

    Tags: government, human rights, inhuman treatment, international, judicial review, terrorism, torture, united states
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