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The Critic (Digital)

The Critic (Digital)

1 Issue, August - September 2023

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Judging the judges

Are Appeal Court judges always superior jurists? The jury is out …
Judging the judges
LAST YEAR, A DIVISIONAL Court of the High Court, comprised of a lord justice (a regular judge of the Court of Appeal) and a High Court judge, ruled that the government’s Rwanda plan was lawful. On 29 June, the Court of Appeal reversed the High Court’s ruling and declared the plan unlawful. The Lord Chief Justice would have upheld the High Court’s decision; but he was outvoted by the Master of the Rolls and another lord justice. In other words, of the five senior judges who have heard the case so far, three found for the government and two against. But because they happened to be distributed unevenly across two courts, the numerical minority won the day (for now; the case will almost certainly go to the Supreme Court). To…
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The Critic (Digital) - 1 Issue, August - September 2023

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