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Date : 31/01/2024 | Time : 6:00 pm - 7:00 pm |

This talk will be on Zoom.  The talk is free but you do need to book a place using the booking form below to get access details. 

Even before Ms Gina Miller first brought her case in 2016 against the Secretary of State for Exiting the European Union, the Master of the Rolls, Lord Dyson, had in the UK expressed concern regarding criticism of the judiciary. In his Bailii Lecture in 2014 titled, “Criticising Judges: Fair Game Or Off-Limits?” he prophetically noted how ‘the convention against criticism of judges’ decisions has been eroded, even if it remains in place, albeit sometimes precariously, for Government Ministers’ and that ‘uncertain and testing conditions therefore lie ahead.’

After the flurry of criticism that followed Ms Miller’s application  being heard in the UK Supreme Court a Policy Exchange Paper, “Does Political Criticism of Judges Damage Judicial Independence”,  adverted to how ‘one or more of the Ministers said that the judges were “divorced from reality” and were “hard-left activist judges”, conducting ideological experiments”, who had “eroded any trust that remained in our legal system.”’

Heightened criticism of judges has not been confined to Britain. From America to Central and Eastern Europe ‘the nature of attacks on the judiciary’ now is such that in 2021 the German Law Journal carried an article on such ‘judicial independence attacks – vulgar, clumsy, systemic, and insidious’ which ‘are dangerous and must be met with effective responses.’ The criticism of the senior judiciary has been unabated following the Supreme Court’s decision in the ‘Rwanda Case’ on 15th November 2023.

This Talk will focus on the period in the UK since the establishment of the Supreme Court in the period since 2016.

Sarvinder S. Juss (HF 1996-7) is a Professor of Law at King’s College London, and a Distinguished Global Professor of Law at Notre Dame University. He gave evidence on the All Parliamentary Party Group on Democracy & the Constitution on 8th June 2023 (Available at https://www.icdr.co.uk/appg ).

This talk will be on Zoom.  The talk is free but you do need to book a place to get access details. Please ignore references to payment.

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