header-logo header-logo

02 July 2020 / Dr Michael Arnheim
Issue: 7893 / Categories: Features , Constitutional law
printer mail-detail

Don’t blame the judges!

23520
Dr Michael Arnheim advocates the need for Parliament (not judges) to step into the law-making breach

In brief

  • Under our constitution, policy-making at the national level is the responsibility of democratically-elected governments and ministers accountable to Parliament, not of unelected judges .
  • Why Parliament should assert its power to guide judges by means of legislation, on the basis of the sovereignty of Parliament, the bedrock principle of the UK Constitution.

Two recently retired UK Supreme Court (UKSC) justices have highlighted the serious plight of English law. Lord Sumption has expressed concern at ‘our persistent habit of looking for legal solutions to what are really political problems’. (Trials of the State, 2019, Location 857). This results in unelected judges making decisions that should be made by a democratically elected parliament or government.

Lord Neuberger focused on the different but equally serious phenomenon of the ‘disarray and a marked lack of reliable principle’ in the field of tort, (https://bit.ly/3iiu86W) which was shown in my recent book Anglo-American Law:

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

NEWS
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
MPs cannot simply resign their Commons seats. Instead, they take a nominal Crown office, usually the Chiltern Hundreds or Manor of Northstead, which disqualifies them from sitting
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
back-to-top-scroll