Judges on Brexit

Four retired senior judges have warned Peers that judicial independence is at risk from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit. Former President of the Supreme Court, Lord Neuberger told the House of Lords EU Justice Sub-Committee that a judge in that position would be moving towards accepting ‘diplomatic and political factors’. He said: ‘This is an uncomfortably wide discretion. The judge will have to decide what factors to take into account.’ Lord Thomas, Lord Hope and Sir Konrad Schiemann also gave evidence.