The challenges posed to the rule of law in the last few months, and especially those raised by the legal complexity of Brexit, have preoccupied the Bingham Centre.
With support from our friends in the legal profession and more broadly, the Centre has worked on these issues: Click on the Brexit box above for a note on Brexit and the financial sector as well as our Article 50 event. About 200 people attended our meeting on the Miller case at Jones Day, chaired by Lord Judge; David Anderson QC and Jamie Bartlett discussed surveillance and counter-terrorism at Macfarlanes; and we submitted a comment on delegated legislation and Henry VIII clauses to the House of Lords Constitution Committee.
In addition to the Short Course on the rule of law, in April we have a seminar with Duke University, North Carolina, on the implications of the Bob McDonnell case and the Trump administration for prosecuting corruption in the US, the UK and internationally.
I leave the Bingham Centre at the end of February, so this is my last message. I want to thank the wonderful team at the Bingham Centre and our many other friends who have contributed in countless ways to the Centre’s work.
Following the launch of the Business Network on January 18, there has been great engagement by other corporates and impressive media coverage. The founding members, BP, BT, Diageo, HSBC, Shell, Unilever and Vodafone, are working with the Centre on establishing a series of projects addressing rule of law issues in the countries where they operate. Further information on the Network can be found here and if your company would like to get involved, please contact Sarah Taylor.
Closed material procedures (CMPs) are increasingly used in civil cases where national security issues arise and closed judgments may be handed down, not available to the public or some of the parties. Over time, there may not be good grounds for keeping judgments closed, but current law does not provide for any systematic review of closed judgments to see if they might be made open. This project aims to remedy that shortcoming and is funded by the Joseph Rowntree Charitable Trust.
Since the last newsletter, our Research Fellow in Citizenship Education, Michael Olatokun, has been working hard to produce a new educational resource pack for secondary schools. This new textbook focuses on the role of international institutions in preserving the rule of law and human rights, and will be available from next month. If you would like to reserve a preview copy, please email email@example.com. Though ‘International Law and Human Rights’ is free for schools, we request that all recipients shape the development of the programme by completing our short online evaluation form.
Our partners, the Citizenship Foundation, have created an educational resource pack on the recent Supreme Court case on Britain’s withdrawal from the European Union. This is an important development that students should come to understand; the judgment speaks to the heart of the relationship between a government and citizens. You can find out more about their work here.
The Rule of Law: Brexit and Financial Services The decision to leave the European Union highlights how economic and financial issues underpin much of the way we are governed. When coupled with the global financial crisis, Brexit has considerable implications for our constitutional and political institutions.
Our briefing note looks at implications of Brexit for the rule of law, focusing on the financial sector. It argues that robust parliamentary scrutiny of the process is essential to protect the rule of law and to secure an exit from the EU that enhances economic well-being. Click here for the full paper by Professor McEldowney (School of Law, University of Warwick) with Professor Rosa M Lastra (CCLS, Queen Mary, University of London).
The Article 50 ‘Brexit’ Appeal: The Rule of Law after Miller February 6 2017, Jones Day
Last month, in one of the most important constitutional law judgments in decades, a majority of the Supreme Court ruled in Miller that an Act of Parliament is required before Article 50 is triggered and the government gives notice to withdraw from the EU. Following the judgment and with the Article 50 Bill before Parliament, the Bingham Centre organised a rapid response event in which leading experts considered the main constitutional and rule of law dimensions of the Supreme Court's judgment. Speakers reflected on the path ahead and the consequences of the decision for the UK. The Bingham Centre is grateful to Jones Day for sponsoring this event.
Anton Didenko joined the Bingham Centre in February 2017 as Research Fellow in the Rule of Law. His primary role is to conduct research and organise events on rule of law issues in banking and finance.
Anton is a DPhil candidate at the University of Oxford, where he is finishing a dissertation on the documentary history of the Cape Town Convention on International Interests in Mobile Equipment. He holds a Masters Degree from the Russian Foreign Trade Academy and an MJur Masters Degree from the University of Oxford.
Anton is a Russian qualified lawyer with ten years' experience in the area of banking and finance law and has worked as in-house counsel for major private commercial banks in Moscow and as senior associate at CIS London & Partners LLP in London. His experience covers a wide range of financing transactions, including those involving syndicated and subordinated bank lending, trade finance, ISDA (International Swaps and Derivatives Association) and GMRA (Global Master Repurchase Agreement) documentation, as well as banking regulations and conflict of law matters.
The Bingham Appeal raises funds to ensure the sustainability of the Centre. We need to raise a further £2 million by 2020 in order to respond to the growing demand for the Centre’s work.
We are extremely grateful to all our donors and would like to thank Travers Smith and Sir Henry Brooke for their recent pledge and donation.
The development team is constantly looking for new donors, volunteers and partners. If you or your organisation would like to help, please contact Sarah Taylor, Development Director, on 020 7862 5433 or email firstname.lastname@example.org.
The Annual Bingham Lecture is to be held on the evening of Wednesday May 3. The speaker will be The Rt Hon. the Lord Judge, former Lord Chief Justice of England and Wales. Details will appear on our events page soon..