*/
The ‘legislative tsunami’ triggered by Brexit is the ‘greatest challenge’ ever faced by our legislative processes, Lord Judge said.
Delivering the annual Bingham Lecture, Judge, who served as Lord Chief Justice between 2008 and 2013, bemoaned the ‘torrent’ of legislation generally, which he said is not properly scrutinised.
Spending increasing time in the House of Lords, he said, has changed the way he sees the legislative process. ‘The process of scrutiny, which provides the basis for Parliamentary control of the executive has... diminished, is diminishing, and ought to be increased’.
While Bills are getting longer, Judge said many are ‘not much more than intended political propaganda’. ‘Skeleton’ Bills, like the Education and Adoption Bill and Cities and Local Government Devolution Bill, he said, leave much of the detail to secondary legislation. While ‘Christmas Tree’ Bills, which have ‘grand’ and focused titles, are then ‘festooned with multiple miscellaneous’ and potentially controversial provisions that have no apparent connection with their titles, in the hope they will escape scrutiny.
Judge said: ‘During the last few years something like 3,000 typed pages of primary legislation have been produced annually, and in addition laws are made by some 12,000- 13,000 pages of delegated legislation.’
Legislative scrutiny, he said, is an essential ingredient of Parliamentary democracy. ‘The government should be held to account for its actions, and its policies, and consequentially for the laws it seeks to enact to implement its policies and legitimise its actions.’
The ‘legislative tsunami’ triggered by Brexit is the ‘greatest challenge’ ever faced by our legislative processes, Lord Judge said.
Delivering the annual Bingham Lecture, Judge, who served as Lord Chief Justice between 2008 and 2013, bemoaned the ‘torrent’ of legislation generally, which he said is not properly scrutinised.
Spending increasing time in the House of Lords, he said, has changed the way he sees the legislative process. ‘The process of scrutiny, which provides the basis for Parliamentary control of the executive has... diminished, is diminishing, and ought to be increased’.
While Bills are getting longer, Judge said many are ‘not much more than intended political propaganda’. ‘Skeleton’ Bills, like the Education and Adoption Bill and Cities and Local Government Devolution Bill, he said, leave much of the detail to secondary legislation. While ‘Christmas Tree’ Bills, which have ‘grand’ and focused titles, are then ‘festooned with multiple miscellaneous’ and potentially controversial provisions that have no apparent connection with their titles, in the hope they will escape scrutiny.
Judge said: ‘During the last few years something like 3,000 typed pages of primary legislation have been produced annually, and in addition laws are made by some 12,000- 13,000 pages of delegated legislation.’
Legislative scrutiny, he said, is an essential ingredient of Parliamentary democracy. ‘The government should be held to account for its actions, and its policies, and consequentially for the laws it seeks to enact to implement its policies and legitimise its actions.’
Chair of the Bar finds common ground on legal services between our two jurisdictions, plus an update on jury trials
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Marie Law, Director of Toxicology at AlphaBiolabs, outlines the drug and alcohol testing options available for family law professionals, and how a new, free guide can help identify the most appropriate testing method for each specific case
By Louise Crush of Westgate Wealth Management
Marie Law, Director of Toxicology at AlphaBiolabs, examines the latest ONS data on drug misuse and its implications for toxicology testing in family law cases
An interview with Rob Wagg, CEO of New Park Court Chambers
With at least 31 reports of AI hallucinations in UK legal cases – over 800 worldwide – and judges using AI to assist in judicial decision-making, the risks and benefits are impossible to ignore. Matthew Lee examines how different jurisdictions are responding
What has changed, and why? Paul Secher unpacks the new standards aligning the recruiting, training and appraising of judges – the first major change to the system for ten years
The deprivation of liberty is the most significant power the state can exercise. Drawing on frontline experience, Chris Henley KC explains why replacing trial by jury with judge-only trials risks undermining justice
Ever wondered what a pupillage is like at the CPS? This Q and A provides an insight into the training, experience and next steps
The appointments of 96 new King’s Counsel (also known as silk) are announced today