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Feb 5 • 5 tweets • 2 min read
They think their immigration plans will be blessed by English courts but fear they will be overturned in international courts - and the real question is why. Is it because international courts don't apply the law - or because English courts don't apply the law?
Judicial review success rates have collapsed in England - in all courts including the Supreme Court. This can be seen in the data - and it is attributable to a change in judicial attitudes after years of attacks. Rishi Sunak himself threatened 'recivdivist' judges.
We have a proper rule of law crisis in England. English judges are now much more pro Government. Our rule of law crisis looks different to those in Poland or Hungary or Israel. But it is real just the same.
And they have not just been knocked into shape by any Government. They have become pro a Government that is (as one official put it) "fucking breaking international law like it’s one of our five a day." politico.eu/newsletter/lon…
Of course, the judiciary is not a monolith; different judges do different things. But the notion that the change I describe is not real defies data, informed anecdote and alternative explanation.

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More from @JolyonMaugham

Jo Maugham Profile picture
Jan 30
Hey, @RishiSunak. Where's your tax return? theguardian.com/politics/2022/…
Plausible reasons for the delay: (1) it shows he is very wealthy. But if that were right, why would he have made the promise in the first place?
Plausible reasons for the delay: (2) he wants to publish his return for 21/22 (which he has only just filed) because it is cleaner than the return for earlier years? Feels plausible to me.
Read 5 tweets
Jo Maugham Profile picture
Jan 27
"He's not that way to me" is a song only those with social capital get to sing.

If you're tempted to sing it, ask whether you are protected in ways others are not, lest you brush abuse under the carpet.
I've spoken to about a dozen women about sexual misconduct by senior editorial figures at The Observer. They all tell the same story - most (unprompted) name the same person - of senior management just wanting them to go away. It's a proper scandal for a 'progressive' newspaper.
In a better world, those women would tell their stories, confident there would be no reprisals. In this world, they are fearful of their abusers, of the management who protect them, and of being blacklisted by the outlets they rely on for their livelihoods.
Read 4 tweets
Jo Maugham Profile picture
Jan 22
The BBC's report about an undeclared apparent deal between Johnson and Sharp both (1) seeks to diminish it as a Labour Party whine and (2) omits the most important detail - that Sharp went to Downing Street to discuss the deal with the Cabinet Secretary. bbc.co.uk/news/uk-politi…
Here's the key detail from @Gabriel_Pogrund's amazing story (thetimes.co.uk/article/bfd5f6…) and here's the BBC report (or misreport) of it.
The reason the detail is so important is that it moves Richard Sharp way beyond "simply connecting" people. Sharp, for no financial reward, takes a very active role in bringing about a loan Boris Johnson wants. How can it not raise a question about Sharp's political independence?
Read 5 tweets
Jo Maugham Profile picture
Jan 17
Some thoughts about Alistair Jack's announcement about the Gender Recognition (Reform) Bill. 🧵 gov.uk/government/new…
The starting point is to recognise what the Bill does: it doesn't create new rights for trans men and women. Instead for (1) a small number of people it (2) makes a small number of rights (3) easier to access and (4) slightly expands the class of those who can access them.
"(1) a small number of people". According to the 2021 census (ons.gov.uk/peoplepopulati…) only about 6 in a thousand people are trans.
Read 17 tweets
Jo Maugham Profile picture
Jan 13
Here is the so-called tender for a data platform for the NHS. I say 'so-called' because a number of features of the tender make it extremely difficult for anyone but Palantir to win it. contractsfinder.service.gov.uk/notice/b44330d…
Palantir is extremely controversial and there are very widely held concerns about what giving it a contract to handle NHS data will mean for privacy. Might your personal health data be used for other purposes? We have been asked whether we will challenge the so-called tender.
There may be - we have asked an expert to analyse the tender document - a good legal case that the tender is a stitch up and unlawful. But we face two profound difficulties in bringing a challenge.
Read 8 tweets
Jo Maugham Profile picture
Jan 12
As ITV has reported, Boris Johnson joked about attending "the most unsocially distanced party in the UK" (itv.com/news/2023-01-1…). That party was a leaving party for his former Director of Communications Lee Cain. 🧵
At @GoodLawProject we have ongoing judicial review proceedings into the Met's failure to investigate Boris Johnson's participation in three parties, one of which being Lee Cain's leaving party which took place on 13 November 2020. goodlawproject.org/new-legal-acti…
Central to the arguments in that judicial review are two reported facts - which the Met Police have not denied (indeed tacitly admit) - being (1) the Met did not even send Boris Johnson a questionnaire about his attendance at that party and (2) other attendees were fined.
Read 9 tweets

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