For A Thing, I’ve been reading the court judgments in the controversial Brexit cases brought by Gina Miller.
The first of these was R (Miller) v Secretary of State for Exiting the European Union  EWHC 2768 (Admin) and  UKSC 5.
The outcome of the case is well known. Theresa May wanted to send the Article 50 notification to Brussels, and believed she could do so without recourse to parliament, because the making and breaking of treaties is a prerogative power. The claimants disagreed, saying that parliament had created new domestic rights and a new source of law when it enacted the European Communities Act 1972, which only parliament could undo.
Continue reading “Cold Take: The EU Referendum Act should have included implementation provisions”
Are you the sort of person who gets annoyed with ‘political correctness’? Are you fed up with ‘woke’ students and minority rights activists seeking to police your thoughts? Exasperated with civil servants attempting to social engineer us all?
Well then you had better get behind the campaign to save judicial review.
Last week Mr Justice Julian Knowles of the Administrative Division of the High Court handed down his judgment in R (Miller) v The College of Policing and another  EWHC 225 (Admin). Continue reading “If You’re Worried About Political Correctness Going Too Far, then You Had Better Oppose The Threat to Judicial Review and Human Rights”
I’m not sure about today’s Guardian scoop about the lack of diversity in our High Court judges. This blogger notes that the newly anointed judges, as well as being hideously white, male, and privately educated, are also fairly old. The average age of the ten men pictured is 57. Since a long and distinguished legal career is a prerequisite for such posts, it is to be expected that those rising to the bench’s lofty heights now, are those who were educated a generation ago, where the elite public-school-to-Oxbridge route still had a lock on the system. I don’t see how the Judicial Appointments Commission, which was only established in 2006, could succeed in fostering a more diverse bench in just two years, without a rather heafty dose of affirmative action.
In the Guardian‘s photos, the judges are all also bewigged. Wigs and gowns, we are told, are an important badge of office. They serve to focus the mind of lawyers, plaintiffs and defendants on the office and not the person, the process not the personality. So, if diversity in the judiciary is a problem, I have a recommendation. Instead of modernising judges’ attire so they look more like civilians, why not expand the wigs to cover the front of the honourable judge’s face as well? Two peep-holes could be cut through the horse-hair so m’lud could see the trial, but everyone else present would see nothing but a big white perm. Then we wouldn’t know whether the judge was black, white, or brown. And furthermore, the muffled tones that came from beneath the full-face wig during a ruling would probably stop us from sexing the creature too.