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Showing posts with the label judicial review

Law According To Kings... My Story From Student To Soon-To-Be Solicitor

What I think drove me to the law is the idea that I can help people. I grew up watching people on TV be scared and alone, and then a lawyer would turn up and fight for them. I wanted to be that lawyer - I wanted to help people. It sounds dumb, but honestly the idea of becoming a lawyer first came into my head when I watched Ally McBeal . Seeing someone be funny and honest and flawed while being able to put on that suit, head into the courtroom, and kick some ass. I told the partner that at my first vacation scheme interview for a corporate law firm, and he laughed and said that maybe there will be less dancing in the toilets in their office than there is in Ally McBeal. I smiled back, and replied there would be less dancing until I arrived.  The law can be an immensely powerful thing - of course, I'm biased. We all see the world through the lenses we choose, but it is undeniable the impact that the law and lawyers have had on the world. We might not have started the journeys, but s...

From Legal Aid To Lethal Aid... The Crisis In Access To Justice

Following the July Court of Appeal's decision to allow Shamima Begum to appear in court to argue her case in person, Boris has railed against the judiciary, calling the decision to grant Begum legal aid "odd and perverse", and committing the government to review not just the legal aid policy, but the entire system of judicial review. This article will set out the case for protecting and expanding legal aid provision in Great Britain, and examine the effects of an absence of legal aid on the justice system as a whole.  The case of Shamima Begum It is likely that you will already be familiar with Ms Begum - the infamous ISIS fighter who left the UK aged 15 to fight alongside the terrorist organisation in Syria. Following her discovery in 2019 by a journalist, then-Home Secretary Sajid Javid revoked her citizenship. Begum had married a Dutch jihadist a week after arriving in Syria, with whom she had three children, none of whom survived infancy. According to reports in the T...

The Judge Fudge... Why Electing The Bench Doesn't Work

In the United Kingdom, our judiciary is completely unelected, sparking accusations of cronyism, a lack of democratic legitimacy, and corruption, but when compared to countries and regions where the courts are elected, the UK's system stands out as a remarkably well-oiled machine. In the US, however, judges are more commonly elected at the state and local level (the federal judiciary remains wholly appointed), and the US is, unsurprisingly, seen across the world as a dysfunctional political system - leading to the characterisation of US-style democracy as "America's deadliest export" by the American journalist and author William Blum. But what impact does the election of judges have on the integrity of the judiciary, and does it actually hurt democracy as much as we might think? Politicisation of the judiciary The main argument in favour of an appointed bench is that it holds back the growing tide of politicisation. Now, of course, this doesn't mean that appointed ...

Depending On The Blindness Of Strangers... The Question Of The Law And Minorities

In Tennessee Williams's play 'A Streetcar Named Desire' the protagonist Blanche DuBois finds herself living with her sister and brother-in-law after she loses her house and livelihood. Blanche, throughout the play, slowly descends into madness, as she is abused by her sister's husband and haunted by the death of her former lover. At the end, when she is taken away to a mental institution, Blanche softly says to the doctor "I have always depended on the kindness of strangers." As a woman who has spent her life hounded by the stark injustices of her situation, Blanche has depended on the kindness of strangers to offer her comfort where there is none, a home when she has lost her own, a job when she has been dismissed, and love where she cannot find some, but it is this same dependence that allows Blanche to be inherently vulnerable to those she depends on: the lover who kills himself, breaking her heart; the sister who gives her away to a hospital; the brother-i...

The Exception - Not The Rule - Of Law... In Defence Of Black Lives Matter

What is the rule of law? In my opinion, it does not exist. It simply cannot exist. There are too many contradictions, too many gaps, and too many criteria that even the most utopian society could not declare itself subject to the rule of law. But to disregard it, we must first understand what it claims to be. Nick Barber wrote that the rule of law “asks what it means to be governed by law, rather than men.” The first societies decided their own unofficial laws based on the ideas of their leaders, whereas the first civilisations decided their laws based on the ideas of their people, with the advent of agriculture 10,000 years ago. For a period of about 2 million years, hominid groups (primarily hunter-gatherers) appeared to have distributed justice based on the views of a council of elders, or often a simple individual Their laws were likely based on superstition, natural ideas of justice, and the hocus-pocus of the leaders themselves. When civilisations were developed, while brutalis...