Law According To A King

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 ...

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...

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...

The US Supreme Court is likely better known to readers than any other court on the planet. Its hyper-politicised confirmation hearings, nation-changing judgments, and larger-than-life characters have thrown the Court to the forefront of national and international news and consciousness. Whereas in the UK, gay marriage could be attributed to the support of the Prime Minister David Cameron and his coalition partners in the Liberal Democrats, in the US, it is attributed to the Court's 'liberal' wing and the swing-Justice Kennedy - just one example of the difference between the two systems. Nevertheless, whilst Justices Ruth Bader Ginsburg and Brett Kavanaugh may have captured your attention, there are still seven more judges on the Court that you need to know. To illustrate their approach to constitutional interpretation, I have included a very brief analysis of their positions on four key issues: abortion rights, LGBTQ+ rights, executive power, and campaign finance reform. ...

The Supreme Court of the United Kingdom is far less known than the US Supreme Court, and is far less politicised in its appointment mechanisms, and so the Justices who make the most important judicial decisions in the country are often forgotten, even by law students. As such, I have written brief biographies of the twelve Justices who make up the Supreme Court, and listed some of their more famous judgments, which I urge you to read to gain an understanding of how they think and their judicial philosophies. So, here goes...  Lady Brenda Hale  Hale became President of the Supreme Court in September 2017, succeeding Lord Neuberger, after a distinguished career as a judge and an academic. She sat on the High Court for five years, the Court of Appeal for a further five, and then joined the House of Lords Judicial Committee (the precursor to the Supreme Court) in 2004.  A Cambridge graduate, Hale mostly practised in family and social welfare law, teaching these su...

Before Parliament was prorogued, MPs from across the House passed the European Union (Withdrawal) (No. 2) Act 2019, which requires the Prime Minister to request an extension to the art.50 deadline in order to prevent a 'no deal' Brexit. Interestingly, there have been rumours that the government is seeking to challenge this law in court, interpret it as broadly as possible, or ignore it entirely. Foreign Secretary Dominic Raab has been reported as saying he will "test to the limit" this new legislation in order to ensure that the UK leaves the EU by the October 31st deadline, as reported by the Daily Mail .  But how can you test legislation? Dicey wrote that an Act of Parliament, validly passed, cannot be brought into question in any court, but that still allows our judges to interpret legislation, even perhaps to the extent of ignoring its main purpose.  There are three main different types of statutory interpretation: Literal, 'The Golden Rule', a...