Patrick O’Brien
H-index:
22
Yes. I think this is much more careful and insightful than the original speech deserves, though. Really, I think the message is "I want to be allowed to appoint Ekins and that guy who says he does law not politics to the UKSC".
Yes absolutely. I debated whether I should include a caveat like this in the original post. There were all sorts of unpalatable things about early 20th C LC decisions (eg religious quotas). But notwithstanding: in the modern era, there was never an LC that operated in the way he's suggesting.
Yes, entirely true. It's not really possible to put the old LC back together again without dealing with all these very complex outworkings from later evolution of the system.
There may, in abstract, be an argument for greater political interest and input in judicial appointments as a means of enhancing trust. That this now invariably comes wrapped with a threat to appoint friends and dismiss enemies, however, shows the wisdom of removing politicians from these decisions.
As with so much of the contemporary critique of the legal constitution, this golden age myth ignores the fact that politicians were subject to - and observed - conventions that controlled how they used their powers, including conventions about independence and political neutrality.
Obviously, this speech is crassly offensive in multiple ways, and does violence to judicial independence. But I think it's also important to recognise that there was never a 'golden age' when Lord Chancellors just appointed and sacked whoever they wanted as judges. This is an authoritarian fantasy.
Just because you give it to us straight, irascible but loveable Public Law journal account. It's a compliment...
(Because this is BlueSky I should probably make it clear that that was a joke.)
I think you're doing voter corruption the wrong way round...?
I think people who assume Gavin won't now get votes haven't spent enough time engaging with student politics and the popularity of RON (re-open nominations).
Banter heuristic says Jim Gavin now wins the Irish presidential election as the Re-Open Nominations candidate.
I‘m giving a public talk at UCL on Thurs 16 Oct. The title is “Bureaucracy and distrust: the civil service in the constitution” looking at the civil service’s constitutional foundations, and how it might respond to a populist govt. @sirJJkc.bsky.social will chair!
www.ucl.ac.uk/laws/events/...
www.ucl.ac.uk/laws/events/...
Hybrid | CLP - Bureaucracy and Distrust: The Civil Service in the Constitution
This lecture will be delivered by Dr Ben Yong, as part of the Current Legal Problems Lecture Series 2025-26
www.ucl.ac.uk
Reposted by: Patrick O’Brien, Steven Fielding
Just in case Red Bull are reading, I'm willing to be fired from Red Bull for a 10% discount on whatever you're willing to be fired for. Not here to make friends.
Reposted by: Patrick O’Brien
Several of this year’s Áras hopefuls have voiced their frustration over how difficult it is to get on the ballot by way of local authority nominations.
So, tell us what you think – is it too difficult to get on the presidential ballot?
jrnl.ie/6823342
So, tell us what you think – is it too difficult to get on the presidential ballot?
jrnl.ie/6823342
Is it too difficult to get on the presidential ballot?
With many parties backing their own candidates, just three councils have so far endorsed anyone in this year’s presidential race.
jrnl.ie
The federal system makes this institutionally a bit easier, but still extraordinary (in any system) to see sitting judges openly dissent from apex court decisions.
