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The NLJ Column

22 November 2007
Issue: 7298 / Categories: Opinion , Profession
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The legal profession has a duty to stand up to executive intimidation

When Pakistan’s president, Pervez Musharraf, declared emergency rule in his country, he told the nation that the measure was necessary to control growing Islamist extremism in Pakistan.

A significant feature of General Musharraf’s crack-down was the arrest and detention of judges and lawyers who he perceived as crippling his government.

EARLIER PRECEDENT

Musharraf is not the first leader to attack the judiciary in this way. An earlier precedent can be found in Egypt where over 1,000 judges threatened to boycott presidential and Parliamentary elections in 2005 unless the government took steps to control corruption, and even earlier in 1968 the judiciary was so outspoken about Nasser’s war policy that he dismissed them in what became known as the “massacre of the judiciary”.

More surprisingly, executive belligerence towards the judges and a determination to emaciate them of their powers has been demonstrated both in the US and the UK, the former by attempting to put detainees beyond the reach of the judges in Guantanamo Bay

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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