header-logo header-logo

17 November 2016 / Sir Geoffrey Bindman KC
Issue: 7723 / Categories: Opinion
printer mail-detail

Legally Trumped?

nlj_7723_bindman

Geoffrey Bindman QC fears the illiberal impact the President-Elect will have on the US Supreme Court

An issue of great concern arising from the surprising election of Donald Trump to the presidency of the US is the composition of its Supreme Court. That is because the Supreme Court is often faced with issues which have major political implications, even though ostensibly its function is to adjudicate only on questions of law. We have been less accustomed in Britain to dwell on the relationship of law and politics but we are seeing in public reaction (or at any rate the reaction of sections of the media) to the current litigation over the triggering of Brexit that the traditional detachment of our own courts from the political battleground is not immune from challenge.

In the US the impact of Supreme Court decisions on political questions has long been taken for granted. More importantly, it is accepted and widely discussed that judges have their own predilections, political or philosophical, which can influence their legal judgments.

Supreme Courts: UK v

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll