When does criticism of judges become contempt, asks Athelstane Aamodt
The result in the case of R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) was always going to be controversial given the heat of the political debate surrounding the UK’s vote to leave the EU. However, the judgment given by the Lord Chief Justice (Lord Thomas) and the Master of the Rolls (Sir Terence Etherton) and Sales LJ resulted in the judges being personally attacked in certain sections of the press. The Daily Mail described the judges as “Enemies of the People” on the front page of its 4 November edition, along with pictures of the judges, and bizarrely singled out Sir Terence for being an “openly gay ex-Olympic fencer” as if this was somehow opprobrious. The Daily Telegraph on the same day ran the headline “The Judges Versus the People”(also with pictures of the judges) and—in so many words—accused the judges of frustrating Brexit.
Déjà vu
The tone and substance of these attacks were condemned by many.
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