29 High Court of Justice – Queen’s Bench Division: R (on the application of the Independent Workers’ Union of Great Britain) v. (1) Secretary of State for Work and Pensions and (2) The Secretary of State for Business, Energy and Industrial Strategy, 13 November 2020

2021 ◽  
Vol 7 (3) ◽  
pp. 372-373
Author(s):  
Michael D. Metelits

The Arthur Crawford Scandal explores how nineteenth century Bombay tried a British official for corruption. The presidency government persuaded Indians, government officials, to testify against the very person who controlled their career by offering immunity from legal action and career punishment. A criminal conviction of Crawford’s henchman established the modus operandi of a bribery network. Subsequent efforts to intimidate Indian witnesses led to litigation at the high court level, resulting in a political pressure campaign in London based on biased press reports from India. These reports evoked questions in the House of Commons; questions became demands that Indians witnesses against Crawford be fired from government service. The secretary of state for India and the Bombay government negotiated about the fate of the Indian witnesses. At first, the secretary of state accepted the Bombay government’s proposals. But the press campaign against the Indian witnesses eventually led him to order the Government of India, in consultation with the Government of Bombay, to pass a law ordering those officials who paid Crawford willingly, to be fired. Those whom the Bombay government determined to be extorted were not to be fired. Both groups retained immunity from further actions at law. Thus, Bombay won a victory that almost saved its original guarantee of immunity: those who were fired were to receive their salary (along with periodic step increases) until they reached retirement age, at which time they would receive a pension. However, this ‘solution’ did little to overcome the stigma and suffering of the fired officials.


2006 ◽  
Vol 100 (4) ◽  
pp. 895-901
Author(s):  
Daniel Bodansky ◽  
Geoffrey R. Watson

Mara'Abe v. Prime Minister of Israel. Case No. HCJ 7957/04. At <http://elyonl.court.gov.il/eng/home/index.html> (English translation).Supreme Court of Israel, sitting as the High Court of Justice, September 15, 2005.In Mara ‘abe v. Prime Minister of Israel, the Israeli Supreme Court held that the routing of a portion of Israel's “security fence” in the northern West Bank violated international humanitarian law. The Supreme Court, sitting as the High Court of Justice, ordered the Israeli government to consider alternative paths for the barrier. The Mara'abe decision expanded on the Court's earlier ruling in Beit Sourik Village Council v. Israel, in which the Court ordered the rerouting of another segment of the obstacle. Mara ’abe also revealed some of the Israeli Court's views on Legal Consequences of the Construction of a Wall in Occupied Palestinian Territory— the 2004 advisory opinion of the International Court of Justice (ICJ) holding that construction of the barrier anywhere in occupied territory violates international law.


2007 ◽  
Vol 101 (2) ◽  
pp. 459-465 ◽  
Author(s):  
Daniel Bodansky ◽  
Orna Ben-Naftali ◽  
Keren Michaeli

Public Committee Against Torture in Israel v. Government of Israel. Case No. HCJ 769/02. At <http://elyonl.court.gov.il/files_eng/02/690/007/a34/02007690.a34.pdf>.Supreme Court of Israel, sitting as the High Court of Justice, December 13, 2006.In Public Committee Against Torture in Israel v. Government of Israel1 Targeted Killings) the Supreme Court of Israel, sitting as the High Court of Justice, examined the legality of Israel's “preventative targeted killings” of members of militant Palestinian organizations. The Court's unanimous conclusion reads:The result of the examination is not that such strikes are always permissible or that they are always forbidden. The approach of customary international law applying to armed conflicts of an international nature is that civilians are protected from attacks by the army. However, that protection does not exist regarding those civilians “for such time as they take a direct part in hostilities” (§51(3) of [Additional Protocol I]). Harming such civilians, even if the result is death, is permitted, on the condition that there is no less harmful means, and on the condition that innocent civilians are not harmed. Harm to the latter must be proportional. (Para. 60)


2002 ◽  
Vol 26 (6) ◽  
pp. 210-212 ◽  
Author(s):  
S. Murjan ◽  
M. Shepherd ◽  
B. G. Ferguson

AIMS AND METHODWe conducted a questionnaire survey of all 120 health authorities and boards responsible for the commissioning of services for the assessment and treatment of transsexual people in England, Scotland and Wales, in order to identify the nature of the input offered and assess conformity to current international standards of care.RESULTSEighty-two per cent of the commissioning authorities responded and confirmed that most health authorities/boards provide a full service for the treatment of transsexuals, although this would be delivered at a local level in only 20% of cases. However, 11 commissioning authorities gave confused and inaccurate responses and three other health authorities appear to hold views on the commissioning of these specialist services that are not in keeping with the current legal situation and a recent High Court ruling, which establishes the right of transsexual people to NHS assessment and treatment.CLINICAL IMPLICATIONSThere are discrepancies in prioritisation and provision of clinical services for this group that are not standard across Great Britain.


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