Too powerful, too political
Tom Clark and Alex Dean (“Judges in the dock,” March) are wrong to argue that the scope of judicial power in our constitution does not require reform.
The Human Rights Act 1998 politicises adjudication and undermines legal certainty. Judges are increasingly willing to misinterpret legislation, departing from its intended meaning, and the law of judicial review is too often “politics by another means,” to quote Lord Justice Singh. In some cases judges have even openly questioned parliamentary sovereignty.
This is a constitutional problem that requires attention.…
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