Thursday, November 3, 2011

The UK supreme court is changing the way we think about law | Martin Kettle

The separation of judicial and legislative branches will result in a relationship of conflict between judges and ministers

Imagine a salesman who insists that it is essential for you to buy their expensive products. So imagine that the seller himself admits product with no appreciable difference really beautiful. What would you do with your money? Want to buy the product and see how things worked? Or if you reject the offer and decide to settle for what you have?

is more or less the argument that supporters of the Supreme Court of the United Kingdom brought the public since 2003, when he introduced reforms that led, two years ago, the opening of the new court of Parliament Square. On the one hand, the substitution of the lords of the law by the Supreme Court was promoted as a necessary change for modern Britain. The late Mr. Bingham in 2002, argued that it was necessary because the House of Lords reform, necessary because of the impact of the Human Rights Act and is necessary in part because of the return.

However, on the other side said then there would be no significant change in the role of the new tribunal. Lord Bingham himself told the BBC in 2009 that "there was not any doubt," the court to throw their weight around and said. Lady Hale said that the program of the same thing: "Our jurisdiction will be the same Our powers are the same as you do not need more power or simply to become the Supreme Court of the United Kingdom ..."

so encouraged by what he said, Britain has decided to buy - and see how things worked. Had we known then what I know now on public spending, it is possible that Britain decided to do with what I had: the lords of the law. But the Supreme Court is a reality today. And it is clear that some of these reassuring statements first went wrong. The court, after all, what makes the difference. It changes the way the public thinks of the law and judges. Its impact is likely to increase. We - and the judges -. Better get used to it

Yet almost all of this change is slow and progressive rather than rapid and revolutionary. The fact that Britain is now a Supreme Court is a drastic reorganization of existing furniture rather than replace it with something big constitutional completely unknown. In particular, does not mean that we have acquired during the night of a supreme court of the kind that exists in other places, most prominently in many trans-to the spirit of the American version. This does not mean that we are in an inexorable path to which this court.

But a trip is underway, however. There will certainly not go back to the House of Lords bizarre system ended in 2009. The judiciary was officially separated from the legislature. And while this profound change, largely, at this stage of the journey, by appearances, it seems likely that, over time, the separation is to take on new meaning and content. This will inevitably lead to a fairly emphatic and sometimes conflict between ministers and judges, and between parliament and the judiciary.

Those who deny that the courts have changed in this regard to recall recent history. Forty years ago, the campaign of the IRA in Northern Ireland and the rest of Great Britain led to a series of government measures to restrict civil liberties, press the proceedings and to impose draconian sanctions up to and including the internment without trial. In general, all met with strong acceptance and court approval.

A decade ago, however, the attacks of 9 / 11 and the rise of jihadi terrorism has also led to a series of measures the government similar draconian. However, in this case, the strong judicial response was much more critical and demanding. Maybe the judges were equally critical of modern terrorism laws, although the Supreme Court had not existed. But the Supreme Court puts judges in a more exposed position formally in the public domain. This inevitably raises problems in the relationship between the judicial, legislative and executive branches.

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