Join us for an informal webinar at 1pm on 26 May 2020: "How should judges decide 'political' cases?"

The relationship between judges and politics is an important and complex issue. The idea that judging is totally divorced from politics is surely now a myth of the past - even if they do not like it, judges are drawn into the political sphere when they are asked to adjudicate on matters such as whether the UK has fulfilled its environmental obligations, the rationality of the government's austere welfare reforms, or the valiity of the Prime Minister's prorogation of Parliament.

But what exactly are 'political' cases and what distinguishes them from non-political cases? Can political cases be dealt with by purely legal reasoning, or must 'political' cases inevitably produce 'political' judgments? Even if judges are reluctant to enter into discussions of policy and proportionality, what should they do when those cases inevitably appear before them? Does UK law require judges to grasp the nettle? And how much discretion to act - and not to act - do judges really have?

We will discuss these issues, both in a general and with respect to cases dealing with social welfare, national security, whistleblowing and human rights.

The host for this event is Lewis Graham (University of Cambridge).

The speakers are:

Dimitrios Kagiaros (University of Exeter)
"Courts, welfare and whistleblowing"

Lee Marsons (University of Essex)
"Welfare cases and the 'manifestly without reasonable foundation' test"

Daniella Lock (University College London)
"The limitations of rationality review in national security and human rights cases"

Margo Munro Kerr (City, University of London)
"Rights, policy and irrationality"

Josie Kemeys (University of Worcester)
"Judicial power and the Human Rights Act"

In the first half of the event, each speaker will present a short (10-15 min) presentation on their topic. In the second half, we invite comments, questions or discussion points from participants and attendees. In the interest of running the event smoothly and in order to ensure that each speaker can have a fair amount of time to speak, we ask that attendees postpone any questions and discussion until the second half of the event.

Registrations are closed

How should judges decide 'political' cases? 13:00, 26 May 2020