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The rule of law

01 August 2014 / Roger Smith
Issue: 7617 / Categories: Opinion
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Three recent stories underline the meaning of the rule of law in modern constitutions & politics, says Roger Smith

There was no surprise for readers of The Telegraph in leaked plans by David Cameron to make legislation against the jurisdiction of the European Court of Human Rights the “centerpiece” of the next election manifesto. On 2 February this year, they read a piece from the paper’s political correspondent to almost the same effect, save that the plan was to make it the cornerstone of the European election plan. There was one variant—originally the Supreme Court was to be the boss; now it seems Parliament (effectively the government of the day) is to have that honour.

The plan emanated from a Tory party committee chaired by the now departed Home Office minister Damian Green and containing Michael Howard and young Turks like the ambitious Dominic Raab. Behind the scenes, the issue has been pushed by the Tories’ favourite think tank, Policy Exchange, for some time. Michael Pinto-Duschinsky was their point man. In 2011 Policy

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MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
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