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01 September 2023 / Sir Geoffrey Bindman KC
Issue: 8038 / Categories: Opinion , Constitutional law , Human rights , Public
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Keeping politics out of the law

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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

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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