Barristerblogger is normally risk averse when it comes to commenting on great questions of constitutional law. I have always thought it is something best left to the experts: academics like Professors Paul Craig or Mark Elliott, for example, or former Government lawyers like Carl Gardner or David Allen Green who know how these things work from the inside. However, since everyone else has been putting their two pennyworth into the Prorogation cases, including “Britain’s rudest man” David Starkey, perhaps I can throw in the contribution of a polite criminal hack.
1. The Supreme Court will be criticised whatever it does
If the Court upholds the Scottish Court of Session decision that the Prorogation of Parliament was unlawful it will be criticised for making a political decision.
If it upholds the English Divisional Court it will give a gift to Scottish Nationalists who will denounce a court made up largely of English judges for over-ruling the unanimous judgment of the highest Scottish court.
I am not going to criticise Greta Thurnberg but it would be wrong if the climate rebels of Extinction Rebellion and green political theorists were given a free ride because of our admiration for an undeniably impressive 16 year old.
As Extinction Rebellion was making its final preparations for its Easter campaign of civil disobedience, my brother Tom was selected as one of the Green candidates for the Euro elections that may not, but probably will, take place next month. He would make an excellent and hard-working MEP, and after waiting in Cornwall for years for the right wave to come along, a combination of indignation over climate change inaction and the Brexit debacle may now give him an opportunity to surf his way into power.
Given the overwhelming evidence that Leave campaigners stretched funding rules beyond their legal limits, used covertly acquired Facebook data to target political advertising, and to put it bluntly cheated during the Referendum campaign, there is little surprise in the fact that Leave supporters are now urging their followers to use underhand methods to undermine the legitimacy of the Parliamentary Petition to revoke Article 50.
A handsome but somewhat callow-looking youth called Steven Edginton, the digital strategist for “Leave means Leave,” for example, claims – no doubt correctly though one never knows with people who consider their dishonesty virtuous – to have signed the petition three times in the names of Jean-Claude Junker, Donald Tusk and Michel Barnier.
Some years ago Barristerblogger decided that he had slogged around the criminal courts long enough. He had imbibed enough of the elixir of wisdom that comes from prosecuting burglars in Bournemouth, mitigating the transgressions of sex mini-beasts in Swindon, and eating army packed-lunches in military courts from Bulford to Bielefeld. More to the point, with no pension provision beyond a mis-sold critical illness policy that would, at best, pay for 2 weeks off work if I was diagnosed with terminal pancreatic cancer, the time had come to rise above the blood and dust of the arena, to don a purple robe and to accept elevation to the judicial bench. Continue reading “Huge pay rises for judges may stave off disaster, but where will the judges come from in 10 years time?”
A 28 year old Norfolk man called Marcus J Ball is trying to bring a crowd-funded private prosecution against Boris Johnson. He says that Mr Johnson lied while campaigning for the Leave campaign in the Referendum. Since he was at the time an MP (and until 9th May 2016 also Mayor of London) he was the holder of a public office. Mr Ball believes that lies told in the campaign mean that he has committed the offence of “misconduct in public office,” a serious criminal offence carrying an unlimited fine and potentially life imprisonment.
In just over 3 months the World Cup is due to kick off in Moscow with a match between Russia and Saudi Arabia. Like all big sporting competitions the World Cup will be designed to show the host country in as good a light as possible.
Meanwhile in a Salisbury hospital Sergei Skripal and his daughter are fighting for their lives, having been poisoned by a nerve agent; and a Wiltshire police officer who went to help them is also in intensive care.
David Lidington, the Secretary of State for Justice, made a formal statement in Parliament on Thursday about the troublesome issue of prisoners voting. Understandably, in the rather excitable atmosphere gripping Westminster at the moment it did not attract a great deal of attention. It was praised by some of those present as a limited but “elegant” solution to the problem that the United Kingdom has, for at least the last 12 years, been in breach of its obligations under international law. This praise was misplaced. It amounted to no solution at all. It was a dismal, empty gesture which at best may buy a little time, but it will besmirch this country’s international reputation and lead inevitably to further embarrassment in the European Court of Human Rights (ECtHR). Continue reading “The new guidance on prisoner voting is not an elegant solution, it’s a cowardly gesture”