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Stephen Sedley: The man who tried to bring Pinochet to justice, 24 June 2004

... In a crowded restaurant a bottle of wine arrives at our table with a note: ‘Por tratar de juzgar a Pinochet y hacer justicia en nuestro país’ – ‘For your efforts to bring Pinochet to trial and to do justice in our country.’ Wherever we go in Chile with him, people recognise Juan Guzmán as the judge who has indicted a series of high-ranking officers for the torture, murder and aggravated kidnapping of more than a hundred victims of the military terror of the 1970s and 1980s ...

Resistance to Torpor

Stephen Sedley: The Rule of Law, 28 July 2016

Entick v. Carrington: 250 Years of the Rule of Law 
edited by Adam Tomkins and Paul Scott.
Hart, 276 pp., £55, September 2015, 978 1 84946 558 8
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... 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 wrath of the North Briton’s flamboyant co-editor John Wilkes and his backers in the City, prompting the publication of another withering issue, number 45 ...

Extra-Legal

Stephen Sedley, 19 October 1995

Overcoming Law 
by Richard Posner.
Harvard, 597 pp., £29.95, March 1995, 0 674 64925 7
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... same thing. Posner is not ungenerous to the opposition. He writes in praise of Sir James Fitzjames Stephen, Mill’s philosophical antagonist, whose patrician prose and Nietzschean views he cannot help admiring, at least as a period piece, and whom he ends by trying to recruit: ‘Could it be that intelligent authoritarians and intelligent libertarians are at ...

When judges sleep

Stephen Sedley, 10 June 1993

In the Highest Degree Odious: Detention without Trial in Wartime Britain 
by A.W.B. Simpson.
Oxford, 453 pp., £35, December 1992, 0 19 825775 9
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... Every so often, poking around in the law’s attic for something you need, you come across a piece of legislation or a report of a case which still has enough grass and twigs sticking to it to hint at the life behind it. Researching a case not long ago about public rights of access to Fylingdales Moor, it dawned on me that behind the opaque language of the successive Defence Acts and Military Lands Acts which from the 1840s onwards had handed huge tracts of land to the military for practice and manoeuvres, lay a widespread struggle, in and outside Parliament, to keep the commons open ...

Not in the Public Interest

Stephen Sedley, 6 March 2014

... In​ 1916 the secretary of the Anti-German Union, Sir George Makgill, a Scottish baronet of extreme right-wing views, brought judicial review proceedings to remove from the Privy Council two wealthy Jewish philanthropists, Sir Ernest Cassel (who had actually converted to Catholicism) and Sir Edgar Speyer, on the ground that, although both were British subjects, they were not British-born ...

Cloudy Horizon

Stephen Sedley: Constitutional Business, 13 April 2023

Against Constitutionalism 
by Martin Loughlin.
Harvard, 258 pp., £34.95, May 2022, 978 0 674 26802 9
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... If constitutionalism​ is accorded its natural content as a set of rules delineating and governing the exercise of state power, being for it or against it seems as inconsequential as being for or against the weather. Even the worst-governed states have a constitution in this sense. When, therefore, Martin Loughlin characterises constitutionalism as ‘a theory concerning the role’ of ‘the documentary constitution’, resting its authority on ‘two great pillars’, representative government and the separation of governmental powers, he is consciously adding a good deal ...

A Boundary Where There Is None

Stephen Sedley: In Time of Meltdown, 12 September 2019

Trials of the State: Law and the Decline of Politics 
by Jonathan Sumption.
Profile, 128 pp., £9.99, August 2019, 978 1 78816 372 9
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... In hell​ ,’ the American law teacher Grant Gilmore wrote, ‘there will be nothing but law, and due process will be meticulously observed.’ This has for a long time been the view of a neoliberal school of legal thought; but the argument of Jonathan Sumption’s 2019 Reith Lectures, delivered in May and June and now issued in book form, is more accommodating ...

Farewell Sovereignty

Stephen Sedley: The Case for the Regicides, 9 February 2006

The Tyrannicide Brief: The Story of the Man who Sent Charles I to the Scaffold 
by Geoffrey Robertson.
Chatto, 429 pp., £20, October 2005, 0 7011 7602 4
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... When I read for the English Bar in the 1960s, the legal history lecturer stopped when he reached 1649 and explained that he was now moving directly to 1660, because everything that had happened between the trial of the king and the restoration of the monarchy was a nullity. By this simple and efficient process John Cooke, the barrister who prosecuted Charles I, has been airbrushed from history, save by a handful of historians of the trial who have written him off as a hack ...

Enemies of All Mankind

Stephen Sedley: Pirates, 24 June 2010

The Treatment of Prisoners under International Law 
by Nigel Rodley, with Matt Pollard.
Oxford, 697 pp., £85, August 2009, 978 0 19 921507 2
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The Enemy of All: Piracy and the Law of Nations 
by Daniel Heller-Roazen.
Zone, 295 pp., £21.95, November 2009, 978 1 890951 94 8
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The Invisible Hook: The Hidden Economics of Pirates 
by Peter Leeson.
Princeton, 271 pp., £16.95, May 2009, 978 0 691 13747 6
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... When Germany’s ultimatum – delivered, as the Kaiser had explained, ‘only with the friendliest intentions towards Belgium’ – expired in August 1914, von Emmich’s infantry crossed the frontier in parade-ground order, accompanied by horse-drawn field kitchens with fires burning and army cooks stirring the regimental stew. They don’t wage war like that any more ...

Short Cuts

Stephen Sedley: The Supreme Court’s Judgment, 2 March 2017

... 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 bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required ...

Mischief Wrought

Stephen Sedley: The Compensation Culture Myth, 4 March 2021

Fake Law: The Truth about Justice in an Age of Lies 
by the Secret Barrister.
Picador, 400 pp., £20, September 2020, 978 1 5290 0994 1
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... The​ United Kingdom has in recent years been blighted by a compensation culture generated by health and safety legislation and human rights laws and promoted by well-paid legal aid lawyers and credulous judges. We know these to be facts because newspapers and electronic media have exposed them fearlessly. David Cameron, when he was prime minister, was so concerned about the situation that he appointed the veteran Tory politician and entrepreneur Lord Young to report on the state of health and safety legislation and ‘the rise of the compensation culture over the last decade ...

Coke v. Bacon

Stephen Sedley, 27 July 2023

The Winding Stair 
by Jesse Norman.
Biteback, 464 pp., £20, June, 978 1 78590 792 0
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... That wonderful Edward Coke,’ wrote the great Maitland, ‘masterful, masterless man.’ Others prefer the judgment of the Australian judge and historian James Spigelman: Coke’s mind ‘was so narrow and unsubtle, so incapable of jettisoning detail, so often inconsistent, that no one has ever speculated that he wrote the works of Shakespeare ...

From Victim to Suspect

Stephen Sedley: The Era of the Trial, 21 July 2005

The Trial: A History from Socrates to O.J. Simpson 
by Sadakat Kadri.
HarperCollins, 474 pp., £25, April 2005, 0 00 711121 5
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... A modern criminal trial can be exceedingly inconvenient. The more fairly conducted it is, the less certain the outcome. The accuser can end up all but in the dock; the accused may walk away from a true bill. Churchill, well aware of this, wanted the Nazi leaders, when they were finally captured, to be taken out and shot. Roosevelt initially agreed. It was Stalin, who had found that trials could be exceedingly satisfactory in both procedure and outcome, who compelled first Roosevelt and then Churchill to take part in setting up the Nuremberg tribunal ...

On the Move

Stephen Sedley: Constitutional Moments, 8 October 2009

The New British Constitution 
by Vernon Bogdanor.
Hart, 319 pp., £45, June 2009, 978 1 84113 671 4
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... There’s an episode of The Wire in which the intellectual drug baron Stringer Bell, trying to launder his gang’s profits by legitimate real estate development, finds the project stalled by bureaucratic delays. He is tactfully advised by his contractor that it takes money in the right place to get things moving. Bell is outraged; but, as the contractor explains, it’s ‘democracy in action ...

What to do with the Kaiser?

Stephen Sedley: Charging the Kaiser, 11 October 2018

The Trial of the Kaiser 
by William A. Schabas.
Oxford, 432 pp., £24.99, October 2018, 978 0 19 883385 7
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... The title​ of the book is of course ironic: in spite of the clamour at the end of the Great War, the Kaiser was never tried, much less hanged. As Germany prepared to capitulate, Wilhelm II of Hohenzollern with his staff and family quietly crossed into neutral Holland, from where the Dutch politely but resolutely declined to extradite or expel him ...

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