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

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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