Frederick Wilmot-Smith

Frederick Wilmot-Smith’s first book, Equal Justice, was published by Harvard in 2019.

Who speaks for the state? Brexit in Court

Frederick Wilmot-Smith, 1 December 2016

What is the proper distribution of power between Parliament and the executive? It’s a question raised by the recent High Court decision in Miller v. The Secretary of State for Exiting the European Union. Under Article 50 of the Lisbon Treaty, a member state must ‘notify the European Council of its intention’ to leave, commencing a two-year period of negotiations on the terms of its withdrawal. But who has the power to speak for the state?

From The Blog
26 September 2016

The United States Supreme Court does not permit video recording. ‘The day you see a camera come into our courtroom,’ Justice David Souter said in 1996, ‘it’s going to roll over my dead body.’ The Supreme Court is not, he argued, ‘part of the entertainment industry’. In a recent paper called Transforming Our Justice System, the United Kingdom’s Ministry of Justice says that the justice system ‘should be competing … with every modern consumer experience’ that citizens ‘have in their lives’.

From The Blog
28 June 2016

The legal problems arising from the EU referendum need to be distinguished from the political ones. One thing is clear: the referendum itself had no more legal effect – either within the United Kingdom or on the UK’s legal relations with the European Union – than a straw poll of your friends (or mine). The UK is still a member of the EU and has not, legally, indicated its desire to leave the Union. The political consequences are quite another matter, and may well lead to exit from the EU.

From The Blog
23 March 2016

‘We are on familiar ground,’ Lord Faulks said. Another increase to court fees, another futile motion of regret in the House of Lords. Fees for an uncontested divorce petition – which costs, on average, £270 to process – went up from £410 to £550. Government profits from divorce are set to increase.

Blame Robert Maxwell: How Public Inquiries Go Wrong

Frederick Wilmot-Smith, 17 March 2016

On 15 June 2009, Gordon Brown announced an inquiry into the Iraq war – to investigate, as Sir John Chilcot, the inquiry’s chairman, put it, ‘the UK’s involvement in Iraq, including the way decisions were made and actions taken, to establish, as accurately as possible, what happened and to identify the lessons that can be learned.’ Although oral hearings finished in early 2011, the inquiry won’t report until the middle of this year...

Read anywhere with the London Review of Books app, available now from the App Store for Apple devices, Google Play for Android devices and Amazon for your Kindle Fire.

Sign up to our newsletter

For highlights from the latest issue, our archive and the blog, as well as news, events and exclusive promotions.

Newsletter Preferences