Raphael Hogarth
Associate
Raphael's recent work
The role of the law officers: where politics and law collide
Raphael Hogarth arns of the danger of a politician-lawyer giving advice that they believed to be wrong
The government’s reforms to judicial review must respect the separation of powers
Any further reforms to the relationship between the courts and the executive should not neuter judicial review or undermine the separation of powers
Judicial review and policy making
Ministers and officials should accept that judicial review improves policy.
All work
Parliament’s role in the coronavirus crisis
The government’s ‘wartime’ approach will become less appropriate as the coronavirus crisis develops and a greater parliamentary role will be needed.
The government must draw a clear line between law and guidance during the coronavirus crisis
The government and police must make clear what is enforceable and what is guidance if they are to retain the trust and confidence of the public
The Coronavirus Bill: extraordinary legislation for extraordinary times
Given the scale of the measures in the Coronavirus Bill, constructive scrutiny of their use will be important in the coming months
Coronavirus Act 2020
The Coronavirus Act 2020 received Royal Assent on 25 March, having been fast-tracked through parliament in just four sitting days.
Government emergency powers and coronavirus
The term “emergency powers” usually refers to government powers to respond rapidly to a public emergency.
The Heathrow judgment is not “undemocratic judicial activism”
Any cries of judicial overreach are wide of the mark
The attorney general should not always be a ‘team player’
The cabinet should not expect the next attorney general to 'massage' legal advice to make it more palatable
Judicial review
What is judicial review?
How will the government “update” its relationship with the courts?
The government should not be reforming judicial review merely because the law sometimes frustrates the policies it wants to pursue.
The FTPA is a bad law – but it should not be replaced with something worse
The next government must approach the repeal of the Fixed-term Parliaments Act with care.