Lord Chief Justice Lord Thomas, Master of the Rolls Sir Terence Etherton and Lord Justice Sales are the targets of public outcry today as the public and the press reacts to the High Court ruling against the Government’s right to use royal prerogative powers to begin Brexit negotiations with the European Union without the ratification of Parliament. An article published by conservative tabloid The Daily Mail this morning labeled the trio as ‘Enemies of the People’ and accuses the British judiciary of being ‘infested with Europhiles’. Articles elsewhere have accused the judges of overruling the will of the British people and of committing pro-Europe ‘judicial activism’.
‘Constitutional crisis’
The fury has not been limited to the media. MPs last night said the three judges of being ‘out of touch’ with the British people, with members of the Euro-skeptical UKIP going so far as to call for the judges’ resignations. Former work and pensions minister Ian Duncan Smith said that the judges’ ruling has precipitated a ‘constitutional crisis’ by pitting Parliament against the will of referendum voters.
Bar Council speaks out
The Bar Council has been quick to step in to defend the judges against the vitriol, reemphasising that the ruling relates to the constitutional process for triggering Article 50, not the merits of leaving the European Union. ‘The judiciary of England and Wales is the envy of the world because it is independent of Government of any other influence,’ said a statement from the Bar Council. ‘When we speak to lawyers in other jurisdictions, it is out judiciary that they particularly praise for its professionalism and independence. Publicly criticizing individual members of the judiciary over a particular judgement or suggesting that they are motivated by their individual, political or otherwise, is wrong and serves only undermine their vital role in the administration of justice.’
Sources: Law Gazette; The Guardian; The Daily Mail
Email your news and story ideas to: [email protected]
