Stephen Sedley

Stephen Sedley is a former judge of the High Court and the Court of Appeal, and visiting professor at Oxford.

When​ the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at...

The Judges’ Verdicts

Stephen Sedley, 2 February 2017

Since 1689 the Crown has been stripped of the power of ‘dispensing with laws or the execution of laws’. Whether diplomatic withdrawal from the EU treaties is regarded as turning off the tap or dismantling the plumbing, its purpose and effect would be to dispense with extant legislation which makes EU law part of the UK’s legal system. That is something which on principle only Parliament has authority to do.

Short Cuts: Anonymity

Stephen Sedley, 19 January 2017

The​ Italian newspaper Il Sole 24 Ore recently outed (or claimed to be outing) the writer of the Neapolitan novels concealed behind the pseudonym Elena Ferrante. Has the press – or anyone else – any moral right to do this? Is an author’s identity an aspect of her personal privacy, to be disclosed or withheld as she chooses? Or is it information which belongs as much in the...

Resistance to Torpor: The Rule of Law

Stephen Sedley, 28 July 2016

When​ the Earl of Bute resigned as prime minister in April 1763 it looked as if the North Briton, a paper whose vituperative attacks had dogged his administration, had achieved its ambition and would now cease publication. But a week later George III opened the new Parliament with a speech from the throne which, by its support for the peace terms being negotiated with France, reignited the...

Professional Misconduct

Stephen Sedley, 17 December 2015

Not​ for the first time, Mr Justice Peter Smith, a judge of the Chancery Division of the High Court, got his personal life and his judicial work entangled. This time it concerned his luggage, which had gone missing on a BA flight from Florence. While the luggage was still missing, BA appeared in his court as a litigant and the judge demanded to know what had happened to it; he stood down...

At Sunday mass in my North London parish there was recently imposed a ‘New People’s Mass’. It came suddenly and without warning. One week, we were all enjoying versions of the...

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In a narrow pass

Derek Hirst, 19 November 1992

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...

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