An analytical report of the workshop and public debate featuring Charles Clarke, Joshua Rozenberg, Lord Justice Jacob and others examines the growing trend towards the ‘judicialization of politics’, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights.
The debate ranges over the new Supreme Court in the UK, and recent controversial decisions over prisoners' voting rights and control orders for terror suspects.
Quite where the boundaries of justifiable judicial social policymaking lie will depend on one’s own understanding of the nature and value of democracy. Most will agree that there is value to policy outcomes possessing democratic legitimacy, but that this should not mean that the rights and interests of minorities are routinely ignored.
Are civil juries today incapable of understanding the complex issues presented to them? Are the results obtained through civil jury trials unfair, ill-informed or tainted? Should the United States move instead toward specialized juries, or trial before specialized judges, in place of the present system?
This report examines the influence of the media on the judiciary and politics, and features insights from Lance Price, former Government Director of Communications, on the unhealthy relationship between politics and the media exposed by the phone hacking scandal.
Other issues addressed include media ownership and control, and comparative studies from the US and Italy.