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This book analyses the development and current position of the Lord Chancellor in his various roles.
In this report the Liaison Committee conducts a brief review of House of Lords policy committees, in advance of the appointment of those committees in the new Parliament.
This report says Parliament should not introduce any new privacy statute. It concludes that in weighing the competing rights to privacy and freedom of expression, each case must be judged on its own merits. The bar for limiting freedom of expression must be set high, but the courts are now striking a better balance in dealing with applications for privacy injunctions. Criticism that privacy law has been "judge-made", noting that it evolved from the Human Rights Act is rejected. The Committee says the most important step towards improving protection of privacy is to provide for enhanced regulation of the media. The Press Complaints Commission lacked the power, sanctions or independence to be truly effective. Substantial changes to press regulation are needed to ensure that it encompasses all major news publishers including, in time, major bloggers. The Committee makes several recommendations including that the reformed regulator should: have access to a wider range of sanctions, including the power to fine; be cost-free to complainants; be able to determine the size and location of a published apology, and the date of publication; play a greater role in arbitrating and mediating privacy disputes. One possible mechanism the Committee suggests is for advertisers to agree to advertise only in publications that are members of the press regulator and subscribe to its rules. It also concludes that parliamentarians should ensure that material subject to an injunction is only revealed in Parliament when there is good reason to do so
This Command Paper from the Office of the Leader of the House of Commons sets out a process for post-legislative scrutiny by the Government. The main proposal is that after 3 years any law that has been passed will undergo a review by the relevant Government Department and then Parliament to see how effective the law has been. The publication also includes an appendix with a detailed response to the Law Commission's report on Post-legislative scrutiny (Cm. 6945, ISBN 9780101694520).
The Routledge Handbook of Law and Death provides a comprehensive survey of contemporary scholarship on the intersections of law and death in the 21st century. It showcases how socio-legal scholars have contributed to the critical turn in death studies and how the sociology of death has impacted upon the discipline of law. In bringing together prominent academics and emerging experts from a diverse range of disciplines, the Handbook shows how, far from shunning questions of mortality, legal institutions incessantly talk about death. Touching upon the epistemologies and materialities of death, and problems of contested deaths and posthumous harms, the Handbook questions what is distinctive about the disciplinary alignment of law and death, how law regulates and manages death in the everyday, and how thinking with law can enrich our understandings of the presence of death in our lives. In a time when the world is facing global inequalities in living and dying, and legal institutions are increasingly interrogating their relationships to death, this Handbook makes for essential reading for scholars, students, and practitioners in law, humanities, and the social sciences.
In safeguarding national security the Government produces and receives sensitive information. This information must be protected appropriately, as failure to do so may compromise investigations, endanger lives and ultimately lessen its ability to keep the country safe. The increased security and intelligence activity of recent years has led to greater scrutiny including in the civil courts, which have heard a growing numbers of cases challenging Government decisions and actions in the national security sphere. Such cases involve information that under current rules cannot be disclosed in a courtroom. The UK justice system is then either unable to pass judgment and cases collapse or are settled without a judge reaching any conclusions. This green paper aims to respond to the challenges of how sensitive information is treated in the full range of civil proceedings. It looks for solutions that improve the current arrangements while upholding the Government's commitment to the rule of law. It also addresses the need for public reassurance that the national security work is robustly scrutinised, and that the scrutinising bodies are credible and effective. The proposals in this consultation are in three broad areas: enhancing procedural fairness, safeguarding material and reform of intelligence oversight.
The Military Covenant states that in exchange for their military service and their willingness to make the ultimate sacrifice, soldiers should receive the nation’s support. Exploring the concept’s invention by the Army in the late 1990s, its migration to the civilian sphere from 2006 and its subsequent entrenchment in public policy, Ingham seeks to understand the Covenant’s progress from the esoteric confines of Army doctrine to national recognition. Drawing on interviews with senior commanders, policy-makers and representatives of Forces’ charities, this study highlights how the Army deployed the Military Covenant to convey the pressure on the institution caused by the concurrent combat operations in Iraq and Afghanistan. While achieving a better deal for soldiers whose sacrifice became all too apparent, the Military Covenant licensed unprecedented incursion into politics by senior commanders, enabling them to out-manoeuvre the Blair-Brown governments and to challenge the existing norms within Britain’s civil-military relationship. As British Forces prepare to leave Afghanistan, this study considers the value Britain accords to military service and whether civilian society will continue to uphold its Covenant with those who have served the nation.
[This convenience copy of the official report by the UK Independent Reviewer of Terrorism Legislation, made available under OGLv3 on a cost-only basis] Modern communications networks can be used by the unscrupulous for purposes ranging from cyber-attack, terrorism and espionage to fraud, kidnap and child sexual exploitation. A successful response to these threats depends on entrusting public bodies with the powers they need to identify and follow suspects in a borderless online world. But trust requires verification. Each intrusive power must be shown to be necessary, clearly spelled out in law, limited in accordance with international human rights standards and subject to demanding and visible safeguards. The current law is fragmented, obscure, under constant challenge and variable in the protections that it affords the innocent. It is time for a clean slate. This Report aims to help Parliament achieve a world-class framework for the regulation of these strong and vital powers.