Fascinating if a little disheartening. I remember wondering when quite young what was to prevent a judge from
Interpreting white as black and making invisible all zebra crossings in the country.
It seems the answer, based on this article, is nothing.
Here’s a suggestion, which probably falls into the too clever by half category.
Pass a law pushing the Supreme Court back into the House of Lords. Include an ouster clause. Doubtless it’s not necessary but one in anyway.
Then find some willing participant to challenge the action in judicial review.
Surely, m’learned judges in the Supreme Court would have a duty to recuse themselves on the grounds that they would be ruling on their own interests? If so, 1-0 to the ouster clause supporters as the statute goes past unchallenged.
If they rule on it and find in favour of the government, so much the better.
If they rule against the government, then there will doubtless be plenty of political capital to out the judges in their place, as they are quite blatantly ignoring their own rules on judicial review which they apply to everyone else. Emergency legislation every week till they give in. Precedent set!
In view of the illiberal, authoritarian disposition of those now in government, it is entirely plausible that conservatives will find that judicial review, and even the EHRC, have some merits.
Scholarly stuff. A good overview into the arcane world of the law for the interested but unaware.
Fascinating if a little disheartening. I remember wondering when quite young what was to prevent a judge from
Interpreting white as black and making invisible all zebra crossings in the country.
It seems the answer, based on this article, is nothing.
Here’s a suggestion, which probably falls into the too clever by half category.
Pass a law pushing the Supreme Court back into the House of Lords. Include an ouster clause. Doubtless it’s not necessary but one in anyway.
Then find some willing participant to challenge the action in judicial review.
Surely, m’learned judges in the Supreme Court would have a duty to recuse themselves on the grounds that they would be ruling on their own interests? If so, 1-0 to the ouster clause supporters as the statute goes past unchallenged.
If they rule on it and find in favour of the government, so much the better.
If they rule against the government, then there will doubtless be plenty of political capital to out the judges in their place, as they are quite blatantly ignoring their own rules on judicial review which they apply to everyone else. Emergency legislation every week till they give in. Precedent set!
In view of the illiberal, authoritarian disposition of those now in government, it is entirely plausible that conservatives will find that judicial review, and even the EHRC, have some merits.