“if there’s a decision of the Supreme Court that is arguably wrong, the sooner we decide whether it is, the better…. There is no such thing as an infallible institution.”
Tag Archives: Cheshire West
The Mostyn Objection
The writer and political salonnière Jeanne Marie “Manon” Roland was guillotined in Paris on 8th November 1793. Legend has it that her last words on the scaffold were, “O Liberté, que de crimes on commet en ton nom!”—“Oh Liberty, what crimes are committed in your name!”
Abstract argument: The Attorney General for Northern Ireland’s Reference to the Supreme Court
Many of the hypothetical arguments and postulated facts raised at the hearing concerned not the issue of consent on which the Attorney General sought guidance, but the wider issue of whether Cheshire West was correctly decided viz. the “acid test”. That question was raised late in the day by the Secretary of State for Health and Social Care who does not have standing to refer cases directly to the Supreme Court himself…
Promoting Open Justice in the Court of Protection 