header-logo header-logo

23 February 2024 / Sir Geoffrey Bindman KC
Issue: 8060 / Categories: Opinion , Public , Constitutional law , International
printer mail-detail

Judicial independence: A warning from America

160023
Do we want a written constitution? Sir Geoffrey Bindman KC sees a problem

The Supreme Court of the United Kingdom replaced the Judicial Committee of the House of Lords in 2009, as directed by the Constitutional Reform Act 2005. The Judicial Committee was an anomaly. It was the final court of appeal in the judicial system, yet—defying the axiomatic separation between legislators and judiciary—it was embedded in Parliament. The Supreme Court is now physically as well as constitutionally independent of the legislature. It is the ultimate arbiter of what is lawful but must obey legislation enacted by Parliament. In this it differs from the Supreme Court of the United States, which can nullify legislation and its effect by declaring it incompatible with the written US constitution.

We of course have never had any such overriding document. Recent investigations and proposals considered whether we should adopt one. They culminated in the government’s Bill of Rights Bill, recently abandoned following the departure from ministerial office of Dominic Raab

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll