15 November, 2011

Jonathan Sumption QC - the F A Mann Lecture 2011

Jonathan Sumption QC delivered the F A Mann Lecture at Lincoln's Inn on 9th November 2011.  His theme was "Judicial and Political Decision-Making: The Uncertain Boundary."  Mr Sumption has been appointed a Justice of the UK Supreme court but has not yet taken up the appointment.  He is likely to do so in 2012.  In the lecture, Mr Sumption looks at the extent of judicial review and asks whether the judiciary have now trespassed on to areas of policy which should be left to the appointed decision-maker.

Sumption Mann Lecture Final
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1 comments:

Dave Scotese said...

I read an article by Carl Watner in which he quoted Dr. Mann thus: "The law is rarely an instrument of oppression."

There are several problems with this claim of Dr. Mann, and I wondered if anyone has any evidence that he addressed them.
One significant problem is this: The only requirement for a law to be an instrument of oppression is that it be unjust. Dr. Mann's assertion is that law is rarely unjust, but Martin Luther King, Thomas Jefferson, and St. Thomas Aquinas are all known for addressing the subject.
Another problem which seems more significant to me is this: Every law potentially conflicts with a person's conscience, but peer pressure pushes us to obey regardless of any such conflict. The mere fact of being a law introduces this potential conflict, which effect on one's conscience is oppressive regardless of the content of the law.