Everything and Nothing 
Stephen Sedley on the changing constitution
In June last year, the lord chancellor, Lord Irvine, was dismissed in a cabinet reshuffle. It was announced, not to Parliament but by press release, that his office was not to be filled and that his department was to become part of the Department for Constitutional Affairs, headed by a newly appointed minister, Lord Falconer. Of the expected ministry of justice there was no sign. The Home Office, it appeared, would not relinquish its hold on criminal justice. Then it was realised that there were scores of functions which by law only the lord chancellor could perform, and Lord Falconer, wearing a morning coat instead of the splendid black and gold robe, was sworn in as a nightwatchman lord chancellor. The joke went round Whitehall that the legislation enshrining the new dispensation was to consist of a single clause giving press releases from Number Ten the status of primary legislation.
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Stephen Sedley is a lord justice of appeal for England and Wales and president of the British Institute for Human Rights. He gave the 2007 Mishcon lecture at University College London under the delphic title ‘Bringing Rights Home: Time to Start a Family?’
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