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Magna Carta and the Judges - Realising the vision

Speech by the Right Honourable Lady Justice Arden DBE

05/10/2011

 

"In this study of Magna Carta, I wish to focus on the role of the judges, the vision which Magna Carta had for them and how it is to be realised today – 800 years on. This is a topical subject because, since the last centenary of Magna Carta in 1915, we have had, all within the last half century, at least three statutes of great significance to the constitutional framework of the UK – the European Communities Act 1972, the Human Rights Act 1998 and the Constitutional Reform Act 2005. In addition, we currently have two major high-level inquiries of particular interest and importance in relation to the judicial function, namely, the Commission on a UK Bill of Rights and the inquiry of the House of Lords Constitution Committee into the judicial appointments process. I do not propose to discuss what these two inquiries may show or may recommend. What I wish to examine is the context in which these inquiries arise. They are building on the foundations which Magna Carta laid..."

 

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