In this collection of short essays, leading political and legal thinkers reflect on the left’s traditional scepticism towards expansive judicial power.
Professor John Finnis on how the Supreme Court misread the ECA
Judging the Public Interest examines the Supreme Court’s quashing of the Attorney General’s decision to block disclosure of the Prince of Wales’ correspondence with ministers. The report argues that, in doing so, the judiciary confused the rule of law with the rule of courts and overstepped its constitutional limits. It recommends that Parliament act swiftly to overturn this wayward judgment, reaffirming the rule of law and Parliamentary authority.
Carol Harlow sets the scene by reflecting on the working classes’ experiences of the criminal courts and civil courts, noting in particular how suspicion of the judiciary was rooted in the judges’ development of the common law in ways supportive of capital and hostile to trade unions.