Civil justice

A copy of the long-awaited Saville Inquiry report into Bloody Sunday (Paul Faith/AFP/Getty Images)

  © Paul Faith/AFP/Getty Images

The current difficulties of the UK government in setting up an inquiry into historic child abuse raise a more general point: there seems to be an increasing — but unfortunate — reliance on “inquiries” in British politics.

The pattern is familiar: a dreadful state of affairs comes to light, something must be done, lessons must be learned, and it must never happen again.

Responsibility for determining the thing to be done, working out the lessons to be learned, and ensuring that the “it” never happens again is then handed to a specially appointed inquiry. Such an inquiry will usually be “independent” and not connected to the institutions of the state which have presumably allowed the bad thing to happen in the first place.

And this approach suits a lot of people.

As there is the appearance of immediate action, those aggrieved at the bad thing that has happened can be satisfied that “progress is being made” and those in the media who want something to report and comment on have all they need. Read more

Lady Justice does not always have her eyes covered: for example, contrary to popular belief, she does not wear a blindfold on top of the Old Bailey.

Sometimes she is depicted by artists as being blindfolded, and sometimes she is not. (Perhaps wisely, those statues and paintings which have Lady Justice blindfolded tend to have her with the sword safely lowered; and whether someone brandishing a sword whilst wearing a blindfold is an appropriate image for any system of justice is a matter of opinion.) But there is no consensus among painters and sculptors as to whether Lady Justice should be wearing a blindfold or not.

There is similar inconsistency in what parts of the justice system we are allowed to see, as members of the public or even as jurors or parties to a claim or prosecution. Some parts of our legal process are open, whilst other aspects are hidden from our view. This is because there is no general principle of open justice in the jurisdiction of England and Wales: it is often a game of pass the blindfold as any court case continues. Read more

Chris Grayling, the justice secretary and lord chancellor, is attacking judicial review. He has derided it in the Daily Mail, and the department he heads, the ministry of justice, has issued a consultation paper on further “reform”.

It is worth considering what point, if any, is served by judicial review. This will help explain why the government’s proposals to narrow the rights of individuals and representative groups to bring judicial reviews should be of general concern. Read more