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16th November - Law News

1421st Edition: LawNewsIndex is a UK based Law, Justice, Legislation & Rights related daily news & legal articles archive brought to you by TheLawMap
 
FOCUS OF THE DAY: The foundations of the rule of law in the UK are weakening, and threatening the UK’s appeal to international investors as a result, a searing report by Linklaters has claimed. The report, In defence of the rule of law, identifies five key threats to the rule of law within a business context: excessive executive power; retroactivity; uncertainty; unmanageability; and changes in the burden of proof. It argues that the rule of law is being undermined by broadly drafted laws that, in practice, allow the regulators or prosecuting authorities to decide what is illegal, eg s 75 of the Banking Act 2009 gives the Treasury the power to disapply or modify the effect of any law without Parliamentary approval, and the financial services industry as a whole increasingly relies on “principles-based regulation”. Full story - New Law Journal




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