Robert Craig: The Peter Hain Case: The Effect of Article IX

UK Constitutional Law Association

Peter Hain’s decision to breach an interim injunction granted by the Court of Appeal in the case of ABC v Telegraph Media Group has caused serious concern. It is one of the cardinal rules in Parliament that members should not interfere in ongoing legal proceedings and Hain did not wait until the end of the proceedings before breaching this injunction, even though the case had been scheduled for an early full hearing. He does not appear even to have read the court judgment he saw fit to overrule, effectively.

The duty of comity means that both judges and parliament must respect the others’ boundaries. If Hain’s decision to intervene in live proceedings is treated leniently by parliament, there must be some concern about whether the judiciary will continue to treat Article IX with its current level of extreme deference. Nevertheless this affair shows the importance of the core principle that…

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About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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