Great article on dissenting judgments...

...from the Guardian here. Essential reading for all A level law students! 


AS students - we will be looking at dissenting judgments in the new year.

Judges reject robes that make them look like "Star Trek characters"

...even though they were designed by former designer of the year Betty Jackson, pictured below with the Lord Chief Justice. Story here.

Debbie Purdy loses euthanasia appeal

Although Debbie Purdy lost her appeal to try to force the Director of Public Prosecutions to issue clear guidelines on when someone assisting another to commit suicide will be prosecuted, the Lord Chief Justice did indicate that the courts are likely to throw any such prosecution out.

He also stated that it was not for judges to issue guidance on this, but up to parliament. AS students - this is an example of judges being wary of setting precedents on important issues that they consider best left to our elected representatives.

Gordon Brown has said that he will not change the law - so at present, any person in such an incredibly difficult situation will have to rely on hints made by a judge rather than clear guidance from the DPP or a change in the law.

Government can fix a prisoner's release date, not the courts!

So says this story from the Times, reporting the case of R (Black) v Secretary of State for Justice (2009). However one of the Law Lords, Lord Phillips (the Lord Chief Justice, no less), disagreed.

Article 5.4 of the European Convention on Human Rights states that a detained person has the right to have the lawfulness of that detention determined by a court.

Despite this the Court ruled that the executive (in the shape of the Secretary of State for Justice, Jack Straw, pictured) can decide the release date of a prisoner if it wants to.

Read the full judgment here.

Two questions:

1. Can this be argued to be contrary to the idea of separation of powers?
2. Might the Secretary of State for Justice take decisions in a politically biased way?