Jessica Simor KC: Judicial Activism in the Age of Global Warming
Ken Macdonald and Tim Owen speak to Jessica Simor KC, an acclaimed specialist in public and regulatory law, EU law, competition law and human rights law.
The episode discusses the issue of whether litigation, whether before the European Court of Human Rights or domestic courts can be effective in addressing the challenge presented by climate change. They highlight two landmark cases in which Jessica Simor acted - one against the Swiss government and one against the UK government. The Swiss case saw a group of elderly Swiss women, bringing the case that they suffered personal health issues caused by heatwaves, and used litigation to hold their government accountable for climate change.
Tim and Ken further explore the UK case in the High Court in London recently which was brought by Friends of the Earth, Client Earth and the Good Law Project. Mr Justice Sheldon found the government was found to be falling short in meeting its obligations under the Climate Change Act 2008. The judicial review judgement held that the government had breached its duty under the Climate Change Act 2008 to adopt policies and proposals to enable legally binding carbon reduction targets to be met. Both cases marked a significant victory for climate activists.
A great episode around the urgency of combating climate change, the pressure on national governments for climate action and the influence of the Paris agreement on court decisions.
Double Jeopardy - UK Law and Politics
Covering the critical intersections of law and politics in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political present and future.
What happens when law and politics collide?
How do politics shape the law - and when does the law push back?
What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged?
And who really holds power in Britain’s legal and political system?
Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, human rights and the British Constitution.
Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, and a leading voice on civil liberties.
Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades. Both bring unparalleled experience from the frontline of Britain's legal and political landscape.
Episode topics have included:
How UK politics is shaping the legal system and British politics explained – from judicial review of government decisions to the erosion of civil liberties.
The toxic confrontation between gender critical feminists and trans activists over what defines a woman in law.
The extent to which special measures intended to support vulnerable witnesses are making it harder to prosecute rape and other serious sexual offences.
Inside the most controversial legal cases – including human rights battles over immigration law, terrorism and national security, the Assisted Dying Bill and the gross miscarriage of justice in the Andrew Malkinson case.
Britain’s never ending criminal justice crisis – from overfilled prisons to policing policies that test the rule of law, threats to jury trial and the massive backlog of Crown Court cases.
Lucy Letby’s convictions, the media’s role, the Court of Appeal’s detailed rejection of her appeal and the fresh evidence which may demonstrate fundamental problems with the safety of the convictions.
Episodes feature discussions with the most influential voices in law, politics, and justice, including:
Professor Kathleen Stock – leading gender critical feminist and Professor of Philosophy hounded out of her job at Sussex University discusses science, gender and the importance of free speech.
Joshua Rozenberg - Legal commentator and broadcaster reviewed major legal and political developments, including judicial independence, rule of law, and shifts in UK legal norms.
Baroness Brenda Hale – Former President of the Supreme Court discuss human rights, politicians and populist attacks on the judiciary.
Danny Shaw - Former BBC Home Affairs Correspondent explored the government’s Crime and Policing Bill, political motives behind law-and-order messaging, and public trust in the justice system.
Melanie Phillips – Times columnist and public commentator discussed the developing constitutional crisis in Israel arising from the Netenyahu government’s plans to trim the powers and role of Israel’s Supreme Court.
If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll enjoy Double Jeopardy.
If you would like to sponsor the podcast, contact us at [email protected].
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