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Democracy vs Ochlochracy

Simpsons Angry Mob

The Government’s hideous Rwanda asylum plan has been ruled unlawful by the Supreme Court.

Under the plan, people who applied for asylum in the Uk after arriving via an irregular route would be deported to Rwanda, and have their claim processed there. Not everyone realised that successful applicants would be granted asylum in Rwanda.

My view is that the policy was wrong on the most fundamental level. We take far fewer refugees than we should, if they were dispersed proportionally throughout the world. And there are reasons why people choose particular countries for their asylum claim and it’s often to do with prior links to that country. It’s absurd that a person who already has family living in the UK, and who applies to the UK government for asylum, should be sent elsewhere.

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Call to the Bar

Both readers of this blog will have noticed that posting has slowed in recent months. Only three additions in all of 2022! A decade ago I would easily post that many in a week.

The reason for this has been a major distraction: I’ve been studying for a Bar Practice LLM. This year I conceived of myself as living in a movie study montage, with a singular focus on the work required for upcoming seminars. Resisting the urge to distract myself with a 2,000 word blog-rant about free speech or the Bill of Rights (et cetera) has been difficult but necessary. And I haven’t read a novel in months.

But the sacrifice paid off. I was called to the Bar at Middle Temple in July. Here’s the proof:

Of course, the demands on my time have not been alleviated. I’m now doing advocacy work and seeking pupillage, so logging my thoughts on current affairs is still a lower priority, and the paucity of posts will be prolonged.

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Libel Justice for Nowy Czas

Nowy Czas is a newspaper that serves the Polish community of London. It is edited by Grzegorz and Teresa Malkiewicz.

Back in 2015 they published an article about a businessman. They discussed his historic business dealings and bankruptcy, and expressed concern at his involvement with two charitable organisations: The POSK cultural centre in Hammersmith, and the Kolbe House Care home in Ealing.

The gentleman in question sued the newspaper for libel, and the case was heard in 2017. Nowy Czas successfully defended the article, using the defences of ‘substantial truth’ (Defamation Act 2013, section 2) and ‘public interest’ (section 4).

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Cold Take: The EU Referendum Act should have included implementation provisions

For A Thing, I’ve been reading the court judgments in the controversial Brexit cases brought by Gina Miller.

The first of these was R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) and [2017] UKSC 5.

The outcome of the case is well known. Theresa May wanted to send the Article 50 notification to Brussels, and believed she could do so without recourse to parliament, because the making and breaking of treaties is a prerogative power. The claimants disagreed, saying that parliament had created new domestic rights and a new source of law when it enacted the European Communities Act 1972, which only parliament could undo.

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