Indigenous Climate Activist Victor Puertas Remains in Custody Despite No Indictment

https://unicornriot.ninja/2023/indigenous-climate-activist-victor-puertas-remains-in-custody-despite-no-indictment/

Victor Puertas was arrested at the South River Music Festival in DeKalb County, GA on March 5. He has been behind bars ever since.

In most states, prosecutors have up to 72 hours to bring charges. But certain states, including California, give prosecutors only 48 hours before they must file charges or release the suspect.

#judicialtorture #victorpuertas #100daysnocharge #criminalcourts #illegaldetention #humanrightsviolation #judicialreview #departmentofjustice #DOJ

#Israel
#protest
#StateOfDemocracy
#judiciary
#JudicialReview
#democracy

Petition update · The Cabinet Office are suing the Covid Inquiry, but bereaved families demand accountability · Change.org
https://www.change.org/p/borisjohnson-hold-a-public-inquiry-into-the-government-s-handling-of-the-covid-19-pandemic-covid19/u/31639765

#Covid
#CovidInquiry
#CabinetOffice
#DowningStreet
#BreavedFamilies
#JudicialReview
#Sunak
#Johnson
#Covid19BereavedFamiliesForJustice

Judgments in the News

HRH The Duke of Sussex, R (On the Application Of) v Secretary of State for the Home Department
[2023] EWHC 1228 (Admin)

https://www.bailii.org/ew/cases/EWHC/Admin/2023/1228.html

#law #JudicialReview #RoyaltySecurity

Considering the role of judicial review in a democracy

In a Boston Review essay, Professor Jonathan S. Gould and a co-author compare the discourse about the role of the courts in the U.S. and Israel, particularly on the left.

https://www.law.berkeley.edu/sidebar/jonathan-gould-judicial-review-united-states-israel-democracy/

#LawFedi #LawProfs #JudicialReview

Scottish Government Mounts Legal Challenge To UK Veto Of Gender Law | HuffPost UK Politics
Hash tag list:
#GenderRecognitionReform
#Scotland
#UKGovVeto
#UKGov
#SNP
#GenderRecognitionReformBill
#Trans
#SelfID
#Section35
#JudicialReview
#GRR
https://www.huffingtonpost.co.uk/entry/scottish-government-to-mount-legal-challenge-to-uk-veto-of-gender-law_uk_64369a5fe4b0a9d64e7b3187

British Black civil rights organisation The Black Equity Organisation (#BEO) is seeking a judicial review over the home secretary Suella Braverman's decision to row back on accepted recommendations made following a scathing review into how the Windrush scandal unfolded at the Home Office. BEO claims that Braverman's actions are unlawful.

#Windrush #HumanRights #SuellaBraverman #HomeOffice #UKPolitics #JudicialReview

https://www.independent.co.uk/news/uk/home-news/suella-braverman-windrush-home-secretary-b2314933.html

RT @NoonanJoe
"For the court to soften or dilute the clear and binding nature of these principles into something fuzzy and aspirational would be to fail to uphold the Constitution and the laws."
High Court catches another illegal planning decision.
#JudicialReview

RT @NoonanJoe
Yes, the entire Government. @fiannafailparty @FineGael @greenparty_ie They’ve picked their side.

#RuleOfLaw #AccessToJustice #JudicialReview

For those of you who wish to read R (on the application of Friends of the Earth Ltd) v Secretary of State for International Trade/UK Export Finance (UKEF) [2023] EWCA Civ 14, where the Court of Appeal rejected Friends of the Earth’s application for judicial review of the UK Government’s decision to provide $1.15 billion in export finance for a liquified natural gas project in Mozambique.

https://caselaw.nationalarchives.gov.uk/ewca/civ/2023/14/data.pdf

#environment #lng #ukcase #judicialreview

The #NadimZahawi #TaxEvasion case suggests an active decision has been taken NOT to prosecute the #Chair of the #ToryParty #ConservativeParty and just let him pay the tax owed

It MUST be in the public interest #PublicInterest to have such a case taken to court

👁️ Who took this decision?
👁️ Can it be taken to judicial review #JudicialReview?

@goodlawproject

https://amp.theguardian.com/uk-news/2023/jan/15/nadhim-zahawi-to-pay-millions-in-tax-after-dispute-over-family-finances

I like how in an email about the #BulbEnergy acquisition, #OctopusEnergy founder Greg Jackson refers to the #BigFive energy companies as "legacy suppliers" (in the context of their pursuit of a #JudicialReview).

The thorough defeat in court was not sufficient to cause the fine people at #legalactionagainst5g to abandon their futile efforts.

Remember, they had thousands in the bank, a famous barrister willing to represent them and a large community of mainly menopausal women on Facebook who were all convinced that their symptoms were actually caused by #5G .

Perhaps buoyed by "The Power of Positive Thinking", our legal friends appealed the refusal. This time before the court of the Honerable Mrs Justice Lang.

On 28th October 2021, this appeal was also refused:

https://mctoon27.files.wordpress.com/2022/12/co011112021-order-28.10.21.pdf

Something I don't understand, and perhaps an expert on #JudicialReview can help me here:

The judge refuses permission to apply for a Judicial Review but permits the introduction of a second witness statement. I'm not sufficiently versed in the law to understand why you might permit one but not the other. This and many other things remain ineffable mysteries to me.

The witnesses they were trying to introduce were Lorna Hackett and Suzanne Openshaw. This is odd because Lorna Hackett was, at the time, the main lawyer managing the case. Legal Action against 5G's lawyer was seeking to become a witness in her own case.

We already know what she allegedly witnessed - in the statement filed a few months earlier, Hacket claims to have been stricken by some deadly electromagnetic ray while in Mrs Rosalyn Rock's back garden.

It's the kind of gonzo-lawyering that even Hunter S. Thompson could never have imagined.

Once again, I am drawn towards the insanity of #legalactionagainst5g - you may remember that they are the activist group with a case in the administrative court right now. They are promising to shut down #5G in the UK with a #JudicialReview.

If that sounds implausible to you, that is because it is. It also sounded implausible to the Honourable Mrs Justice Foster (DBE), who refused the application for JR on the 6th of July 2021.

https://mctoon27.files.wordpress.com/2022/12/af-order-re-angell-churchill-and-others-co11112021.pdf

Her ruling is brief, cogent and a moment of sanity in this seemingly neverending case. Here's what the judge found:

* The claimants, in this case, are just upset that the government doesn't accept their interpretation of science. The government is not obliged to consider the opinions of random people. It is entitled to seek the opinion of expert agencies such as Public Health England.

* Random public members don't get to tell the government which experts to consult.

* It's not the court's job to overturn the opinion of technical experts.

* The claimants didn't argue why 5G should be treated differently from 4G, which is perfectly safe.

* Oh, and the administrative court already decided that the government is OK to deploy 5G thanks to a case called R Watts vs Secretary of State. That case was completely crazy too!

Quite a smackdown for Lorna Hackett, Philip Rule and Michael Mansfield QC. Did they consider this a sobering reminder that one cannot litigate the laws of physics? Of course, they didn't!

RT @NoonanJoe
This judicial comment bears close reading in view of mooted changes to judicial review coming before Cabinet next week.
https://courts.ie/acc/alfresco/0d3a16d0-7d7a-45b8-90e6-b7b53ce0ec76/2022_IEHC_687.pdf/pdf#view=fitH @attractaub #JudicialReview #BeenHereBefore

https://t.co/5ECTe72WTD “A group of #environmental #charities is #suing the Govt for allowing water companies to pump sewage in our rivers+seas. The Marine #Conservation Society has just filed a case joining as co-claimant in a #JudicialReview review against the #uk #Government’s Department for Environment, Food+Rural Affairs to protect English seas from sewage dumping..Hundreds of people have reported being sick after going in the sea when there had been #sewage pumped by #water #companies.”

@SapphicLawyer @usernameswift Got it!

What article? Do you mean my thread on #ConstitutionalityControl / #JudicialReview?

The hearing will be live streamed - you *should* be able watch it here 📺 👉 https://www.judiciary.uk/the-court-of-appeal-civil-division-live-streaming-of-court-hearings/

(This is one of the (many!) cases I worked on as Legal Director at #GoodLawProject - it feels very strange not to be there today!

It's probably a relief for our lawyers not to have me frantically passing them notes every 5 minutes!

Good luck to them all - they're an incredible team 💪)

#UKPolitics #PublicLaw #JudicialReview #PrivateEmails

The key questions before the Court:

⭐️ is there a legal duty to create and maintain records so they are available for posterity (such that modern practices, including auto-delete, are unlawful)?

⭐️ to what extent are government policies enforceable as a matter of public law?

#UKPolitics #PublicLaw #JudicialReview #PrivateEmails #GoodLawProject

So #GoodLawProject are back in the Court of Appeal today, tackling the issue of ministers using private email & Whatsapp to conduct Government business

The fact they do so - routinely - is not in dispute

The question today is whether it is lawful for them to do so

#UKPolitics #PublicLaw #JudicialReview #PrivateEmails