header-logo header-logo

13 February 2019 / Alec Samuels
Issue: 7828 / Categories: Features , Profession
printer mail-detail

Life on the bench

Alec Samuels reflects on bias—especially political bias—in the judiciary

There was a time when, before appointment as a judge, many of the judges had been active in politics, as MPs: Conservative, Liberal and Labour. But according to constitutional convention, following appointment, they showed no political bias in their judicial work. The Lord Chancellor himself was expected to be, and was, and indeed still is, an active politician, albeit restrained; however, he is no longer a judge.

Judicial appointments

Ex Lord Chancellor Dilhorne became a law lord 1969-1980. First Viscount Cave and Lord Mackay were law lords before becoming Lord Chancellor. First Viscounts Maugham and Simmonds were law lords before becoming Lord Chancellor and then again law lords after ceasing to be Lord Chancellor.

Judges who have been MPs include: Simon, Thankerton, Watson, Robson, Macnaghten, Donovan, Shaw, Carson, Cave, Davey, MacDermott and Normand.

Quite a number in addition have been law officers, or the Scottish equivalent: Simon, Somervell, Rodger, Russell, Reid, Carson, Hewart, Cave, Mackay, Macmillan, Singleton and Sir Ross Cranston. And Somervell was Home Secretary. A law officer appointment used

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

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll