The Week in Westminster, BBC Radio 4
(is this a minority view, or are some top legal bods getting nervous about the future ?)
Sir Stephen Laws, former First Parliamentary Counsel:
“The courts have involved themselves in an unfortunate way in politics
I think to some extent they have taken over the role of the Monarch as the as the ultimate umpire.
And I think it’s inevitable that when that starts to happen, politicians will start to say well then we ought to have some influence,
‘we should have more influence over who judges are and who is appointed to be a judge’.
“I think it’d be a very bad thing because they would in some ways, vindicate or ratify the idea that judges should get involved in politics.
I think political decisions, and political problems should have political solutions.
I think the law is useful for deciding legal questions but it is probably unhelpful and divisive when it’s used to resolve political questions.
And if we had politicians involving themselves in politics in judicial appointments
that would have the consequence that judges would think, having been politically approved they are entitled to venture further into the political field.”
“There are ways back.
I think they probably involve a reassertion by the world of politics in the form of an Act of Parliament,
that reclaim some of the territory that the judges have trespassed into.
I don’t think things will stay at the extreme end of judicial intervention, but it’s been a growing trend for judges to involve themselves in political questions.
And in some ways this may be a good thing because it may be the trigger for the move back in the opposite direction.
When constitutional actors overreached themselves, as for example the House of Lords did at the beginning of the 20th century in relation to budgetary matters,
the result was legislation to curb the powers of the House of Lords.
I think it’s likely that there will be some readjustment following recent events.”