on the 'constitutionality' of draft Constitutional Renewal Bill
Jeffrey Jowell QC
12 June 2008
This 'legal opinion' from a top UK constitutional lawyer concludes that a clause in the draft Constitutional Renewal Bill (published 25 March 2008) effectively preventing judicial review of a decision to halt a prosecution or fraud investigation on the grounds of national security violates a fundamental UK constitutional principle of the rule of law, and could be challenged under the Human Rights Act.
Even before the judgement has been given on the landmark judicial review of the decision by the UK's Serious Fraud Office to halt its BAE-Saudi Arabia corruption investigation, the UK Government has introduced draft legislation whose effect would be to prevent in future such a judicial review -- and even such an investigation. The Corner House and CAAT are calling upon the public and parliamentarians to voice their concerns about the draft Constitutional Renewal Bill.
Dinah Rose QC, Ben Jaffey, Richard Stein and Jamie Beagent
31 March 2008
The UK Government's draft Constitutional Renewal Bill proposes to create a new power for a political appointee and member of the Government, the Attorney General, to stop a criminal investigation or prosecution on the grounds of 'national security' without explanation or accountability to Parliament, the Courts or international bodies.
