*/
Lord Phillips, President of the Supreme Court, has mounted a staunch defence of the Human Rights Act 1988.
In a forthright speech at Gresham College in June, Lord Phillips said the 1998 Act was “a vital part of the foundation of our fight against terrorism”. “In my opinion, the enactment of the Human Rights Act by the previous administration was an outstanding contribution to the upholding of the rule of law in this country and one for which it deserves great credit,” he said. “Because it requires the courts to scrutinise not merely executive action but Acts of Parliament to make sure that these respect human rights, the Act has given the Supreme Court some of the functions of a Constitutional Court. Drawing the right line between protecting the rights of the individual and respecting the supremacy of Parliament is, I believe, our greatest challenge.”
However, he noted that the Act and the judges who applied it had been unfairly criticised by senior politicians and the media. Charles Clarke, when Home Secretary, claimed, “the judiciary bears not the slightest responsibility for protecting the public” Lord Phillips said: “Charles Clarke failed to appreciate that it is the duty of the judiciary to apply the laws that have been enacted by Parliament.”
In a forthright speech at Gresham College in June, Lord Phillips said the 1998 Act was “a vital part of the foundation of our fight against terrorism”. “In my opinion, the enactment of the Human Rights Act by the previous administration was an outstanding contribution to the upholding of the rule of law in this country and one for which it deserves great credit,” he said. “Because it requires the courts to scrutinise not merely executive action but Acts of Parliament to make sure that these respect human rights, the Act has given the Supreme Court some of the functions of a Constitutional Court. Drawing the right line between protecting the rights of the individual and respecting the supremacy of Parliament is, I believe, our greatest challenge.”
However, he noted that the Act and the judges who applied it had been unfairly criticised by senior politicians and the media. Charles Clarke, when Home Secretary, claimed, “the judiciary bears not the slightest responsibility for protecting the public” Lord Phillips said: “Charles Clarke failed to appreciate that it is the duty of the judiciary to apply the laws that have been enacted by Parliament.”
Lord Phillips, President of the Supreme Court, has mounted a staunch defence of the Human Rights Act 1988.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
David Wurtzel analyses the outcome of the 2024 silk competition and how it compares with previous years, revealing some striking trends and home truths for the profession
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
