Last month, the government announced the membership of the panel who will undertake a ‘review of administrative law’ and published some terms of reference. The chair of the panel will be Lord Edward Faulks, who many fear has already made up his mind that the boundaries of judicial review have strayed too far into political matters: in February, he wrote an article for Conservative Home in which he suggested that the Supreme Court’s decision in Miller/Cherry  UKSC 41 (concerning the controversial prorogation of parliament) was “an assertion of judicial power that cannot be justified by constitutional law or principle.”
Judicial review is of crucial importance to any democracy. It allows the judicial branch of government to check the power of the executive branch of government, to ensure that elected and appointed officials do not exceed the powers given to them by the legislative branch of government. It is a means to prevent corruption and to protect the citizen against, as the Conservative Party manifesto put it [PDF, page 48], an “overbearing state.” Continue reading “Accessibility, Freedom of Information and the Faulks Reports (plural)”
Long time followers will be aware of my love of the writing of Jorge Luis Borges. A couple of this week’s news stories have a Borgesian flavour to them. Or rather, they give rise to old themes that Borges articulates very well. #
The first of these is ‘The Letter’ – an open letter signed by prominent writers and academics published in Harper’s Magazine, bemoaning the rise of cancel culture. It seems to have divided Twitter, with many people criticising the generic text based upon those who signed it. #
Continue reading “Borges, Maynard, Funes, Harper’s and Depp”
A letter in Harper’s Magazine, supporting the principle of free speech and bemoaning ‘cancel culture,’ has caused something of a stir. At least, on Twitter.
In itself, the letter is unobjectionable. However, many people think it is an ill-timed, coded rebuke to the social justice campaigns of the moment:
I think the uproar is more about the timing and the context in which this letter engages (BLM, TERF wars etc), which feels very dog whistle-y.@sysh
Others have ridiculed its premise and the signatories. They say that freedom of speech does not mean freedom from consequences, and that if an audience reacts negatively to something they find offensive, that is merely a manifestation of free speech.
Continue reading “Sometimes ‘Cancel Culture’ *Is* A Free Speech Issue”
I am enjoying Austin Kleon’s obsession with zines and decided to make one for myself.
I chose to summarise Donoghue v Stevenson  UKHL 100, a landmark case in the development of the tort of negligence, and also for manufacturers liability for defective products. Continue reading “I Made a Zine to Summarise Donoghue v Stevenson, a Landmark Case in the Tort of Negligence”
I’m incredibly busy with a couple of major things at the moment made more difficult by the lockdown.
(No, not A Thousand And One Recaps — that’s ticking along just fine).
As a result of my distractions, have not had time to post about the appalling UK coronavirus death rate, the preposterous lockdown sabotage by Dominic Cummings, the horrific murder of George Floyd in Minneapolis, or the atrocious glorification of violence by Donald Trump that has finally caused Twitter to place warnings next to his Tweets.
My silence on all these issues is not to be taken as due to a lack of opinion, or sufficient emotion about each of them. I just don’t have time.
Continue reading “Journalists Under Attack”
It is often said that constraints can fuel creativity. Well, the COVID-19 lockdown is a pretty big constraint.
Amid the sadness and death, it has been interesting to see the new art and culture that is already emerging. Creativity working up against the boundaries we have set for ourselves. Artists looking afresh at the technology we are using to communicate, and wondering what new modes of design and storytelling they might enable.
The most obvious example of this is video conferencing software. The grids of images that apps like Zoom use to display the other people in the chat have become part of our visual culture. I really enjoyed the Maltesers ‘Isolation Life’ series of adverts, and I love the video for ‘Phenom’ by Thao & The Get Down Stay Down (intriguing song, too). Continue reading “ZOOMSHIFT”
In 2004, the writer Orhan Pamuk gave the inaugural Arthur Miller Freedom to Write lecture, at the Prague Writer’s Festival. Among his remarks, he said this:
I have personally known writers who have chosen to raise forbidden topics purely because they were forbidden. I think I am no different. Because when another writer in another house is not free, no writer is free. This, indeed, is the spirit that informs the solidarity felt by PEN, by writers all over the world.Orhan Pamuk
I would often use the highlighted bit of that quote in English PEN’s marketing communications. I thought it would appeal to the worldliness of other writers, their solidarity and empathy with fellow wordsmiths.
But occasionally I would worry that the proper meaning of that quote was properly understood. Because taken literally, it’s obviously untrue. The fact that Ahmet Altan (to pick another Turkish novelist) is currently in prison and censored does not stop me writing my derivative science fiction or my bad poetry. Continue reading “COVID19, Free Speech and the Right to Receive Information”
I have not posted much here this month, because I’ve been posting a lot over at A Thousand And One Recaps, my close reading of The Arabian Nights.
Here are links to the recaps posted so far.
Continue reading “A Thousand and One Recaps: April”