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The Common Law and the Constitution

Stephen Sedley, 8 May 1997

... It is conventional wisdom, at least among lawyers, that the Constitution of the United Kingdom is in its essentials the creation of the common law – an accretion of legal principles derived from judicial decisions which determine for the most part how the country is to be run from day to day. Apart from the historic texts – Magna Carta, the Bill of Rights – statutes were until this century regarded, by lawyers if not by Parliamentarians, as dangerous reefs in the great ocean of the common law, to be observed chiefly in order to circumnavigate them ...

Rights, Wrongs and Outcomes

Stephen Sedley, 11 May 1995

... The end of history seems a good moment to take stock. Fukuyama’s conceit (I mean it in both senses) that the triumph of Western liberalism has stopped the clock of change – has put an end to history – is already waning. We may reflect that human rights themselves have played a sacrificial role in this process, for the demise of the regimes of Eastern Europe was accelerated by a megaphone rhetoric about human rights from states, including our own, with an embarrassing capacity for overlooking human rights abuses among their own allies and clients and even within their own frontiers ...

Wringing out the Fault

Stephen Sedley: The Right to Silence, 7 March 2002

... For at the common law . . . his fault was not to be wrung out of himself, but rather to be discovered by other means, and other men. William Blackstone, Commentaries If you were sitting down today to set out the principles of a good system of criminal justice, with a blank sheet of paper and all the wisdom of hindsight at your disposal, you would probably start, as I would, with the principle that nobody is to be convicted of anything unless the court is sure of their guilt ...

In a narrow pass

Derek Hirst, 19 November 1992

A Spark in the Ashes: The Pamphlets of John Warr 
edited by Stephen Sedley and Lawrence Kaplan.
Verso, 116 pp., £9.95, October 1992, 0 86091 599 9
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... Stephen Sedley and Lawrence Kaplan seek to map a new course for the post-socialist Left, and to turn attention away from that beguiling but now exploded theme, egalitarianism. The long fixation with egalitarianism has, they complain, allowed the Right today to ‘appropriate the word liberty and equate it with the acquisition of power’; and the phenomenon of Thatcherism would certainly bear them out ...

Here come the judges

Conor Gearty: The constitution, 4 June 1998

This Time: Our Constitutional Revolution 
by Anthony Barnett.
Vintage, 371 pp., £6.99, December 1997, 0 09 926858 2
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The Voice of the People: A Constitution for Tomorrow 
by Robert Alexander.
Weidenfeld, 214 pp., £17.99, September 1997, 0 297 84109 2
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The Making and Remaking of the British Constitution 
by Lord Nolan and Stephen Sedley.
Blackstone, 142 pp., £19.95, November 1997, 1 85431 704 0
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... populist ‘excess’, then we should naturally be interested in who they are. Lord Nolan and Sir Stephen Sedley, joint authors of The Making and Remaking of the British Constitution, are two of the many recent appointments to the Bench which have excited hopes that the courts are about to deploy their well-established legal powers to protect from state ...

Highbrow Mother Goose

Colin Kidd: Constitutional Dramas, 22 February 2024

The Cambridge Constitutional History of the United Kingdom 
edited by Peter Cane and Harshan Kumarasingham.
Cambridge, 1178 pp., £160, August 2023, 978 1 108 47421 4
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... chauvinism was long hardwired into constitutional interpretation. According to Stephen Tierney, the constitution’s Whiggish interpreters bear considerable responsibility for the current predicament of the United Kingdom. There has been no serious attempt to understand the 1707 Treaty of Union as a fundamental ‘transformation’ rather ...

Plain English

Denis Donoghue, 20 December 1984

Nineteen Eighty-Four: Facsimile Edition 
by George Orwell, edited by Peter Davison.
Secker, 291 pp., £25, July 1984, 9780436350221
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Nineteen Eighty-Four 
by George Orwell, edited by Bernard Crick.
Oxford, 460 pp., £17.50, March 1984, 0 19 818521 9
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Inside the Myth. Orwell: Views from the Left 
edited by Christopher Norris.
Lawrence and Wishart, 287 pp., £12.50, November 1984, 0 85315 599 2
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The Crystal Spirit: A Study of George Orwell 
by George Woodcock.
Fourth Estate, 287 pp., £5.95, November 1984, 0 947795 05 7
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Orwell’s London 
by John Thompson.
Fourth Estate, 119 pp., £9.95, November 1984, 0 947795 00 6
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... Press, 242 pp., £18 and £5.95, 18 June, 0 335 10580 7), Remembering Orwell, compiled by Stephen Wadhams, introduced by George Woodcock (Penguin, 227 pp., £2.95, 27 September, 0 14 007458 9), Nineteen Eighty-Four and All’s Well? by Tom Winnifrith and William Whitehead (Macmillan, 104 pp., £15 and £5.95, 4 April, 033 33493 0), Nineteen ...

Blame Robert Maxwell

Frederick Wilmot-Smith: How Public Inquiries Go Wrong, 17 March 2016

... than litigation but less anarchic than street fighting’, the former Court of Appeal judge Stephen Sedley once said. Often they are ordered simply to manage a public outcry. They can divert an issue from the political realm and so defer calls for action. The delay can be politically expedient. The Scott Inquiry into the Matrix Churchill ...

The Killing of Blair Peach

David Renton, 22 May 2014

... Bint told the inquest he had almost no memory of what happened. Here is his cross-examination by Stephen Sedley, the barrister acting for Peach’s family: Sedley: Who was in the front passenger seat? Bint: I don’t know. Sedley: Who else was in the van? Bint: I think ...

Newspaperising the World

Sadakat Kadri: The Leveson Inquiry, 5 July 2012

Dial M for Murdoch 
by Tom Watson and Martin Hickman.
Allen Lane, 360 pp., £20, April 2012, 978 1 84614 603 9
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... the parties had no prior relationship of trust which could have been breached, Lord Justice Stephen Sedley considered that unimportant; the time had come, he said, to recognise that people enjoyed privacy as a self-standing right ‘drawn from the fundamental value of personal autonomy’. A slew of celebrities proceeded to take advantage of this ...

A Misreading of the Law

Conor Gearty: Why didn’t Campbell sue?, 19 February 2004

Report of the Inquiry into the Circumstances Surrounding the Death of Dr David Kelly CMG 
by Lord Hutton.
Stationery Office, 740 pp., £70, January 2004, 0 10 292715 4
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... to the bench of intelligent and progressive voices like those of Harry Woolf, Thomas Bingham and Stephen Sedley. By the mid-1990s, the senior judiciary were conducting a spirited campaign of defiance against successive Tory home secretaries over such issues as the need to obey court orders and to sentence convicted prisoners in a moderately humane ...

After Gibraltar

Conor Gearty, 16 November 1995

... almost as though it were a simple matter of logic. Writing in this paper some months ago, Stephen Sedley considered the off-the-shelf solution of incorporation of the European Convention’ to head the list of possible reforms in this area ‘if only on the practical ground that adherence to a set of standards enforceable on the state by an ...

Why can’t she just do as she ought?

Michael Newton: ‘Gone with the Wind’, 6 August 2009

Frankly, My Dear: ‘Gone with the Wind’ Revisited 
by Molly Haskell.
Yale, 244 pp., £16.99, March 2009, 978 0 300 11752 3
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... is so alluring and so suspect; the astounding unreality of it all immerses you. If you sat through Stephen Daldry’s The Reader recently, you might have found it tough to resist the thought: ‘Those poor Nazi guards, they really suffered.’ Watching GWTW, you are similarly corralled into feeling: ‘Those poor plantation owners, they really had it ...

The Uninvited

Jeremy Harding: At The Rich Man’s Gate, 3 February 2000

... on the part of member states, has enormous implications for the Convention. Matters are much as Stephen Sedley predicted in 1997, when he argued that unless it is seen as a ‘living thing, adopted by civilised countries for a humanitarian end, constant in motive but mutable in form, the Convention will eventually become an anachronism’. Perhaps it ...

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