Thread by @prospect_clark

1/

Months after humiliating the PM, Britain's judges are on trial

Here — drawing on interviews with senior jurists, including Hope, Sumption and Dyson who served on Supreme Court — is the inside story of the coming battle for the constitution

prospectmagazine.co.uk/magazine/judge…

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The line between writing the law and interpreting it was always hazy, and the political power of judges over the last 50 years has risen further because of

a) judicial review
b) human rights
c) the EU

But Brexit does for c) & p48 of the Tory manifesto takes aim at a) & b)

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Only 4 months ago, the Supreme Court rapped the PM over the knuckles, but now he's back with a mandate

Many options to clip their wings are in the air, including
— restricting judicial review
— diluting the human rights act
— bring a more political touchy to appointments

4/

Even admirers of the Supreme Court, including @LordCFalconer whose legislation originally established it, worry that the outgoing President Brenda Hale may have overplayed her hand, e.g. by guest-editing the Today programme at Christmas

@LordCFalconer 5/

In a democracy, it's no surprise to find the power of unelected judges running into resistance

But modern govt is unavoidably complex. If judges can't attend to the many "grey areas," potentially self-serving ministers will do so, in regulations that go through on the nod

@LordCFalconer 6/

As a result, the "judges V parliament" is awry

But it will tempt the Tories after the populist success of the "parliament V the people" general election

@LordCFalconer 7/

Lots of the lawyers and judges that @AlexDean94 spoke to are concerned that the Supreme Court HAS strayed too far into political territory of late

But none are in favour of doing anything which could risk a more political bench

@LordCFalconer 7/

So much in here — and, even if you see it differnetly, it matters so much

Do look: @WomaninHavana @JolyonMaugham @AdamWagner1 @JMPSimor @DinahRoseQC @ConUnit_UCL @DrTomPoole @ProfTomkins @carlgardner @Prof_Phillipson @SpinningHugo @ProfMarkElliott

prospectmagazine.co.uk/magazine/judge…

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Before trashing the legal turn of politics, consider how the attorney general has evolved

Surely we don’t want to go back to a world where you advise something is illegal & do it anyway

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The age we’re in makes all this more important

In Poland, the Supreme Court & Parliament have just given inconsistent orders on the very Q of judicial appointments

google.co.uk/amp/s/www.bbc.…