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07 April 2023 / David Walbank KC
Issue: 8020 / Categories: Features , Procedure & practice , Criminal , Rule of law , Human rights
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Crime brief: 7 & 14 April 2023

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The Supreme Court has warned that those on the losing side of a political debate should not then resort to undermining legislation: David Walbank KC reports
  • Abortion services in Northern Ireland.
  • Legislative competence of Northern Ireland Assembly.
  • Respect for democratic process and rule of law.

We live in lawless times. However, today's ‘outlaws’ are not just the usual rogues’ gallery of murderers, rapists, thieves and fraudsters. It sometimes seems that the spirit of lawlessness has infected our ruling classes, with ministers and parliamentarians talking with abandon about flouting the law of the land or breaking international law. Indeed, the Supreme Court has recently bemoaned the fact that on occasion nowadays ‘those in public office are not prepared to comply with their legal obligations because they disagree with the relevant law’ ([2022] UKSC 32).

Legislative manoeuvres

The background to Reference by the Attorney General for Northern Ireland—Abortion Services (Safe Access Zones) (Northern Ireland) Bill [2022] UKSC 32, [2022] All ER (D) 25 (Dec) was that, until recently, women in Northern Ireland were prohibited from

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