The Government has been squaring up for a fight with the judiciary since what history may come to call the Prorogation Crisis of 2019; and the replacement of Geoffrey Cox by Suella Braverman as Attorney General in last week’s reshuffle seems certain to launch hostilities. Weeks before her appointment Mrs Braverman said it was time for Parliament to get back “power ceded to the courts”, and that “repatriated powers from the EU will mean precious little if our courts continue to act as political decision-maker, pronouncing on what the law ought to be and supplanting Parliament.” Were that not enough fighting talk, she continued: “Traditionally, parliament made the law and judges applied it. But today, our courts exercise a form of political power.” One has only to study the Prorogation Crisis to understand that Mrs Braverman has a point. The Supreme Court’s decision that the prorogation of Parliament was a justiciable matter divided not just the country but the legal profession. To many, it seemed that the law had become yet another of our supposedly disinterested institutions – along with the Speakership of the House of Commons – made so over-wrought by the democratic decision for Britain to leave the… Read full this story
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