This report examines the benefits of providing civil servants with a guide to administrative law, and considers how this is best done in practice. It examines the development and use of the UK's The Judge Over Your Shoulder, as well as the administrative law guides in New Zealand and Malawi that have been inspired by it. The report draws on these experiences to ask how Kenya might develop an administrative law guide for its own civil servants. An earlier version of this paper was presented in Nairobi in March 2016, at a consultation hosted by the Katiba Institute and the Kenya School of Government.
The Rule of Law in Parliament: A Review of Sessions 2013-14 and 2014-15
A research report by the Bingham Centre for the Rule of Law for the All-Party Parliamentary Group on the Rule of Law. This study examines references to the rule of law in the UK Parliament in debates, parliamentary questions and written statements for the 2013-14 and 2014-15 parliamentary sessions, with a view to understanding how and in relation to which topics members of the House of Commons and House of Lords refer to the rule of law. View the full report or the executive summary.
Response to the Call for Evidence by the Independent Commission on Freedom of Information
19 November 2015
The Bingham Centre submitted a response to the call for evidence by the government's independent commission on freedom of information. The Centre is grateful to Dr Eric Metcalfe who authored our response. Update: The Commission's report was published in March 2016 and is available here
Judicial Review and the Rule of Law: An Introduction to the Criminal Justice and Courts Act 2015, Part 4
This study, conducted jointly with JUSTICE and the Public Law Project, provides an introductory guide to the judicial review reforms in Part 4 of the Criminal Justice and Courts Act 2015 with respect to the threshold for permission, financial disclosure rules, interveners and costs and cost-capping orders. This work was supported by The Baring Foundation, LankellyChase Foundation for London and AB Charitable Trust.
This Bingham Centre study, funded by the Commonwealth Secretariat, provides an overview of current arrangements in the 53 member states of the Commonwealth, and seeks to identify best practice under the Commonwealth Principles on the Accountability of and the Relationship between the Three Branches of Government (also known as the 'Latimer House Principles').
The speech given by Professor Sir Jeffrey Jowell KCMG QC, Director of the Bingham Centre for the Rule of Law, to the British Chamber of Commerce in Copenhagen.
The speech given by The Right Honourable Beverley McLachlin, P.C., Chief Justice of Canada, on 'The Relevance of Magna Carta in Today's World' at the Honourable Society of Gray's Inn, London.
A volume of edited papers from the 2014 Singapore Rule of Law Symposium, a one-day conference organised by the Centre in conjunction with the Singapore Academy of Law and made possible by the generous support of the global law firm Linklaters.
The Economist Intelligence Unit, on behalf of Hogan Lovells and the Bingham Centre for the Rule of Law and the Investment Treaty Forum of the not-for-profit research body the British Institute of International Comparative Law, conducted a survey on the relationship between corporate Foreign Direct Investment (FDI) decision-making and the Rule of Law. This survey sought to identify the factors multinational corporates consider in selecting where to invest internationally, and to gauge in particular the role of the Rule of Law
This is the Report of the Bingham Centre's Independent Constitutional Review of Devolution in the UK. The Review was chaired by the Bingham Centre Director, Sir Jeffrey Jowell QC and consisted of experts from law, history, political science, journalism and public finance. Related material is available on the review home page.
This joint research report was produced as part of a project funded by the British Academy International Partnership and Mobility Scheme 2013 and was undertaken jointly with the National Taipei University, funded by the Ministry of Science and Technology (formerly known as the National Science Council of Taiwan). This report summarises conference papers presented as part of the project in London in May 2014 and in Taipei in October 2014, which examined the approach of both the UK and Taiwan to human rights and constitutional review.
60th Anniversary Marshall Alumni Lecture
Speech by Justice Stephen Breyer of the US Supreme Court, 8 April 2015
This paper is an edited version of Justice Breyer's Marshall Alumni Lecture given in London on 8 April 2015. The Bingham Centre is grateful to Justice Breyer for allowing us to reproduce his lecture on our website.
India and the Post-2015 Agenda: Shaping the Connections between Law and Development
Bingham Centre Conference Report, April 2015
The Bingham Centre jointly with Advocates for International Development (A4ID) hosted a half-day conference in New Delhi on 27 February 2015. This report includes a briefing on the post-2015 agenda, the conference programme and report, as well as draft Sustainable Development Goals and draft proposed indicators.
Detention, Interrogation and Security: Oversight and Accountability
Bingham Centre Conference Report, 5 March 2015
The Bingham Centre for the Rule of Law convened a panel of experts to consider the implications for the United Kingdom of the United States Senate Select Committee on Intelligence report on the CIA's detention and interrogation programme, published in December 2014.
This report examines the UK's current policies on access to justice and aspects of taxation concerning anti-avoidance and identifies which indicators the UK Government uses to measure the success or failure of those policies.
Professor Ian Cram (University of Leeds) 'The Protection of Human Rights in the UK Constitution: Freedom of Expression and Social Media'
Conference Paper presented at National Taipei University, October 2014
This paper was presented at the National Taipei University as part of a Bingham Centre project funded by the British Academy International Partnership and Mobility Scheme 2013.
This report explores obstacles to achieving access to justice across jurisdictions and practices that have sought to overcome these barriers. The Bingham Centre for the Rule of Law conducted the research and wrote this report for the research project, 'International Access to Justice: Barriers and Solutions' of the International Bar Association Access to Justice and Legal Aid Committee.
The Bingham Centre has made a submission to the Parliamentary Inquiry into the use of Immigration Detention in the UK. The submission focuses on aspects of procedural safeguards and draws from the Centre's 2013 publication Immigration Detention and the Rule of Law: Safeguarding Principles, drafted by Michael Fordham QC, Justine Stefanelli and Sophie Eser.
Building the Rule of Law in Helmand: Testing the Bingham Principles
Bingham Centre Working Paper 2014/05, October 2014
As the Sustainable Development Goals and the post-2015 development agenda are framed, the Bingham Centre asks important questions of the rule of law, specifically, how can the rule of law be practically pursued in areas that are very far away from a Western European context? Are Tom Bingham's well-known principles still meaningful in such contexts?
Transitional Justice in Nepal: The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014
Bingham Centre Working Paper 2014/07, September 2014
The Commission on Investigation of Disappeared Persons, Truth and Reconciliation Act 2014 is Nepal's latest attempt to establish a transitional justice programme to respond to conflict era abuses. This Bingham Centre Working Paper explores these recent developments, highlighting issues that must be remedied if transitional justice objectives are to be achieved in Nepal.
Do Our Tax Systems Meet Rule of Law Standards? Papers from November 2013 Conference
Bingham Centre Working Paper 2014/06, September 2014
In 2013, the Bingham Centre organised two events exploring the compliance of national tax regimes with Tom Bingham's eight rule of law principles. A selection of papers from the second of these events in November 2013 considers issues such as retrospective taxation, access to justice and equal treatment, and includes a debate on the UK General Anti-Abuse Rule.
The Rule of Law within the Post -2015 Development Agenda
Bingham Centre Working Paper 2014/04, August 2014
In the lead up to the UN General Assembly in September 2014, this Bingham Centre Working Paper (published August 2014) examines the place of the rule of law in the post-2015 development agenda and proposed Sustainable Development Goals
Closed Material Proceedings Under the Justice and Security Act: A Review of the First Report by the Secretary of State
Bingham Centre Working Paper 2014/03, August 2014
This Bingham Centre Working Paper examines what we know about the use of closed material proceedings in the first year of their operation.
The Rule of Law and Transitional Justice in Nepal: Options for Co-ordinating a Truth Commission, Criminal Justice Mechanisms and Personnel Reforms
Bingham Centre Working Paper 2014/02, April 2014
As Nepal continues to debate how to deal with the legacy of the internal armed conflict of 1996-2006, the rule of law and transitional justice remain high on the national agenda. This Bingham Centre Working Paper draws upon international and comparative experience to consider the benefits of three key mechanisms - truth commissions, criminal trials and personnel reforms - and how to reduce the potential for conflict when they overlap.
The report on Streamlining Judicial Review in a Manner Consistent with the Rule of Law is based on a systematic review of the procedures of the Administrative Court, and makes a number of practical suggestions to make the procedures more efficient while maintaining the standards of the rule of law. The review was chaired by Michael Fordham QC, Visiting Fellow of the Bingham Centre and included Martin Chamberlain QC, Iain Steele and Zahra Al-Rikabi.
Constitutional Reform in Myanmar: Priorities and Prospects for Amendment
Bingham Centre Working Paper No 2014/01, January 2014
The Working Paper aims to provide guidance on how priorities for reform in Myanmar can be put into operation by exploring the amendment provisions of the constitution in the light of international standards in constitutional democracies and practice around the world. The paper also examines the way in which the constitution may be reformed.
Immigration detention raises anxious concerns. This executive imprisonment, of 'foreigners', is widespread, and threatens to become routine. It can be the lot of the blameless, the unpopular, the vulnerable, the forgotten. In such contexts, the rule of law must always find its voice.
The Bingham Centre for the Rule of Law submitted a response to the Government's consultation on reforms to legal aid. The Centre is highly critical not only of the proposals to reduce legal aid, but also in other areas, such as in prisons, the proposal for a residence test, and the proposal that legal aid should be provided for judicial review claims only where an application for permission is successful.