The article, published on 22 September, ahead of the Supreme Court handing down its judgment, was headlined: ‘Gove: Tories will collapse if UK is not out of EU by October 31’. It includes the following paragraph: ‘A No 10 source said: “Remainiac lawyers now demand that Scottish judges take over the role of elected politicians and cancel Brexit. Hopefully judges will reflect deeply on the profound consequences for the judiciary if they are seen by the public to side with those trying to cancel the biggest democratic vote in our history.’
Richard Atkins QC, chair of the Bar Council, said: ‘It is a low point in the history of our nation when a faceless “No10 source” refers to “Remainiac lawyers” and issues threats to the judiciary about its constitutional role suggesting that judges take sides.
‘The rule of law and the independence of the judiciary are fundamental pillars of our democracy. Judges do not take sides as the Downing Street source suggests, but apply the law “without fear or favour”.
‘This comment displays a complete failure to understand how our legal system operates and threatens to undermine the role of our independent judiciary and thus the rule of law. [It] comes at the same time as lawyers associated with litigation over Parliament’s role in Brexit are not only receiving death threats, but having the location of their family homes publicised on social media by a member of the press.
‘Threats to lawyers and litigants are serious threats to the proper operation of our legal system and cannot and must not be tolerated.’
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