header-logo header-logo

17 November 2023 / Sir Geoffrey Bindman KC
Issue: 8049 / Categories: Features , Constitutional law
printer mail-detail

Conflict between government & judges is not new

146609
Sir Geoffrey Bindman KC looks back to the feud of Bacon & Coke

Francis Bacon and Edward Coke were the two legal giants of the late 16th and early 17th century. Both achieved high judicial office, Bacon as Lord Chancellor, Coke as Lord Chief Justice, but their views were diametrically opposed on the supremacy of the law and the authority of the Crown. Their conflict is the subject of a recent novel, The Winding Stair, by Jesse Norman, Conservative MP and former minister.

Coke was the legal scholar, wedded to the common law and the primacy of the judges. Bacon had a wider perspective. He favoured the monarchy, which at the time wielded executive authority. For him the judges were ‘lions under the throne’—powerful but subordinate. Parliament only attained its modern status after the ‘glorious revolution’ of 1689 reduced the Crown to a secondary and ultimately nominal role in government. With that difference the current tension between government and the judges parallels its precursor almost half a millennium ago.

Presenting his account as fiction frees

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll