header-logo header-logo

Keeping politics out of the law

01 September 2023 / Sir Geoffrey Bindman KC
Issue: 8038 / Categories: Opinion , Constitutional law , Human rights , Public
printer mail-detail
135280
Political power needs constitutional restraints: Sir Geoffrey Bindman KC discusses the need for checks & balances on parliamentary sovereignty

‘Be you never so high, the law is above you.’ I can still recall the inimitable voice of Lord Denning enunciating this favourite motto, attributed to Thomas Fuller in 1732. The supremacy of law is necessary for the effective management of a modern democracy. Governments are bound by the law, as is everyone else.

But what is the law? Lord Denning would have seen it as a web of rules and principles derived from statute and from the accumulated wisdom of the judges. It includes the common law as well as statute law and subordinate legislation authorised by statute. As interpreters of the law, the judges are also lawmakers. Parliament, however, can always assert its will over the judges by using its legislative power. Or can it?

Absolute supremacy?

Governments are unhappy when, as they see it, judges frustrate measures that politicians believe they are pursuing for the public good and with an electoral mandate. A compliant parliamentary

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

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll