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Bingham Centre Reports

The Bingham Centre's Reports reflect the Centre's in-depth research and analysis on a range of topics with regard to the rule of law. The Centre produces these reports as guidance on rule of law issues, and as a resource for thinking on the rule of law.

Bingham Centre Report on EU (Withdrawal) Bill Clauses 1-6 View Document February 21 2018

This Report sets out the Bingham Centre's Rule of Law analysis of clauses 1 to 6 of the EU (Withdrawal) Bill, to inform the House of Lords Committee Stage consideration of those clauses.

In-depth assessment of the judicial system in Kosovo* January 2018

Carried out within the framework of the programme "Strengthening the Quality and Efficiency of Justice in Kosovo*" (KoSEJ), implemented by the Council of Europe's Commission for the Efficiency of Justice (CEPEJ), this report was researched and written by Dr Julinda Beqiraj (Bingham Centre) with some contribution from another CEPEJ Expert, Prof. Jon T. Johnsen. This in-depth analysis of the judicial system of Kosovo*, based on the CEPEJ methodology and indicators, provides a relevant diagnosis of the judicial system, which is an essential first step towards the identification and implementation of efficient solutions for improving the quality of justice as a public service.

* All reference to Kosovo, whether the territory, institutions or population, shall be understood in full compliance with United Nations Security Council Resolution 1244 and without prejudice to the status of Kosovo.

Regulatory challenges underlying FinTech in Kenya & South Africa
December 2017

This report outlines some of the key regulatory challenges affecting financial technology in Kenya and South Africa, the African regional leaders in FinTech. It is based on a dedicated study involving desk-based research, consultations with the legal experts, and roundtable discussions with various stakeholders within both jurisdictions.

Access to justice for persons with disabilities: From international principles to practice October 2017

Commissioned by the IBA Access to Justice and Legal Aid Committee this report was researched and written by the Bingham Centre for the Rule of Law. It draws on the UN Convention for the Rights of Persons with Disabilities, human rights law and the UN Sustainable Development Goals to analyse the challenges in accessing justice around the world for people with disabilities and identify how the legal community can best use their position, skills and expertise to overcome the barriers that still exist.

The Rule of Law: Brexit and Financial Services February 2017

Professor John McEldowney (School of Law, University of Warwick) and Professor Rosa M Lastra (CCLS, Queen Mary University of London), have produced a report, The Rule of Law: Brexit and Financial Services which explains how the rule of law provides an essential framework for the discussion of many aspects of Brexit including the role of Parliament, the importance of the courts and the values of justice and fairness, especially legal certainty.

The Rule of Law in Parliament - A Review of 2015 - 16

The rule of law lies at the heart of the UK's system of government. It has been recognised in Parliament as a 'fundamental British value' - a value which must be protected just as carefully and resolutely as the other values which form the basis of our society, such as democracy, individual liberty and respect for diversity. The UK is also recognised internationally for its commitment to the rule of law, and the benefits that it has brought.

Children and access to justice: National practices, international challenges
October 2016

This report analyses different types of barriers to access to justice for children and ways of addressing those barriers in different jurisdictions. The study was commissioned by the International Bar Association's (IBA) Access to Justice and Legal Aid Committee, with support from the Law Society of England and Wales and the German Federal Bar. The report was preceded by a briefing paper Children and access to justice in the Agenda for Sustainable Development.

The UK's The Judge Over Your Shoulder: A Model for Kenya?
April 2016

This report examines the benefits of providing civil servants with a guide to administrative law, and considers how this is best done in practice. It examines the development and use of the UK's The Judge Over Your Shoulder, as well as the administrative law guides in New Zealand and Malawi that have been inspired by it. The report draws on these experiences to ask how Kenya might develop an administrative law guide for its own civil servants. An earlier version of this paper was presented in Nairobi in March 2016, at a consultation hosted by the Katiba Institute and the Kenya School of Government.

Judicial Independence in Latin America: The Implications of Tenure and Appointment Processes
April 2016

This report, funded by the Pan-Central American firm Muñoz Global, looks at how legal systems can support and maintain judicial independence. The report examines the approach of Latin American jurisdictions (such as Guatemala, Costa Rica and Argentina) in light of international principles.

The English version of the report was launched at the Bingham Centre's Rule of Law Challenges for Latin America conference in São Paulo, Brazil (April 2016), while the Spanish version of the report was launched in San José Costa Rica in December 2016, as part of the launch of the Rule of Law Alliance

The executive summaries are also available as stand-alone documents:

Cape Town Principles on the Role of Independent Commissions in the Selection and Appointment of Judges
February 2016

One of the most sensitive tasks in a constitutional democracy is the selection and appointment of judges. The Cape Town Principles are the outcome of an international project that - in contrast with confrontational US processes, or the 'tap on the shoulder' by a minister that was the norm for so long in the UK and its former colonies - focussed on a 'third way' of appointing judges. This is to entrust the task to an independent commission. The Principles propose the criteria and process for judicial selection by independent commissions. The Principles are available in: English, Spanish, Portuguese, Burmese, Bulgarian.

The Rule of Law in Parliament: A Review of Sessions 2013-14 and 2014-15
February 2016

A research report by the Bingham Centre for the Rule of Law for the All-Party Parliamentary Group on the Rule of Law. This study examines references to the rule of law in the UK Parliament in debates, parliamentary questions and written statements for the 2013-14 and 2014-15 parliamentary sessions, with a view to understanding how and in relation to which topics members of the House of Commons and House of Lords refer to the rule of law. View the full report or the executive summary.

Judicial Review and the Rule of Law: An Introduction to the Criminal Justice and Courts Act 2015, Part 4 and Summary for NGOs
October 2015

This study, conducted jointly with JUSTICE and the Public Law Project, provides an introductory guide to the judicial review reforms in Part 4 of the Criminal Justice and Courts Act 2015 with respect to the threshold for permission, financial disclosure rules, interveners and costs and cost-capping orders. This work was supported by The Baring Foundation, LankellyChase Foundation for London and AB Charitable Trust.

International Access to Justice: Legal Aid for the Accused and Redress for Victims of Violence
October 2015

This report for the International Bar Association's Access to Justice and Legal Aid Committee looks at the availability and effectiveness across jurisdictions of legal aid for those charged with violent crimes and of redress mechanisms for victims of violence. It was launched at the IBA's 2015 Annual Conference in Vienna. View the full report or the executive summary

The Appointment, Tenure and Removal of Judges under Commonwealth Principles: A Compendium and Analysis of Best Practice
July 2015

This Bingham Centre study, funded by the Commonwealth Secretariat, provides an overview of current arrangements in the 53 member states of the Commonwealth, and seeks to identify best practice under the Commonwealth Principles on the Accountability of and the Relationship between the Three Branches of Government (also known as the 'Latimer House Principles').

Corporate Decision Making in Foreign Direct Investment
May 2015

The Economist Intelligence Unit, on behalf of Hogan Lovells and the Bingham Centre for the Rule of Law and the Investment Treaty Forum of the not-for-profit research body the British Institute of International Comparative Law, conducted a survey on the relationship between corporate Foreign Direct Investment (FDI) decision-making and the Rule of Law. This survey sought to identify the factors multinational corporations consider in selecting where to invest internationally, and to gauge in particular the role of the Rule of Law

A Constitutional Crossroads: Ways Forward for the United Kingdom
May 2015

This is the Report of the Bingham Centre's Independent Constitutional Review of Devolution in the UK. The Review was chaired by the Bingham Centre Director, Sir Jeffrey Jowell QC and consisted of experts from law, history, political science, journalism and public finance. Related material is available on the review home page.

Measuring Policy on Access to Justice and Taxation in the United Kingdom March 2015

This report examines the UK's current policies on access to justice and aspects of taxation concerning anti-avoidance and identifies which indicators the UK Government uses to measure the success or failure of those policies.

International Access to Justice: Barriers and Solutions - A Report for the IBA
October 2014

This report explores obstacles to achieving access to justice across jurisdictions and practices that have sought to overcome these barriers. The Bingham Centre for the Rule of Law conducted the research and wrote this report for the research project, 'International Access to Justice: Barriers and Solutions' of the International Bar Association Access to Justice and Legal Aid Committee.

International Access to Justice: Barriers and Solutions - Romanian Translation

Streamlining Judicial Review in a Manner Consistent with the Rule of Law
February 2014

The report on Streamlining Judicial Review in a Manner Consistent with the Rule of Law is based on a systematic review of the procedures of the Administrative Court, and makes a number of practical suggestions to make the procedures more efficient while maintaining the standards of the rule of law. The review was chaired by Michael Fordham QC, Visiting Fellow of the Bingham Centre and included Martin Chamberlain QC, Iain Steele and Zahra Al-Rikabi.

Immigration Detention and the Rule of Law Safeguarding Principles
October 2013

Immigration detention raises anxious concerns. This executive imprisonment, of 'foreigners', is widespread, and threatens to become routine. It can be the lot of the blameless, the unpopular, the vulnerable, the forgotten. In such contexts, the rule of law must always find its voice.

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