header-logo header-logo

Judicial independence: A warning from America

23 February 2024 / Sir Geoffrey Bindman KC
Issue: 8060 / Categories: Opinion , Public , Constitutional law , International
printer mail-detail
160023
Do we want a written constitution? Sir Geoffrey Bindman KC sees a problem

The Supreme Court of the United Kingdom replaced the Judicial Committee of the House of Lords in 2009, as directed by the Constitutional Reform Act 2005. The Judicial Committee was an anomaly. It was the final court of appeal in the judicial system, yet—defying the axiomatic separation between legislators and judiciary—it was embedded in Parliament. The Supreme Court is now physically as well as constitutionally independent of the legislature. It is the ultimate arbiter of what is lawful but must obey legislation enacted by Parliament. In this it differs from the Supreme Court of the United States, which can nullify legislation and its effect by declaring it incompatible with the written US constitution.

We of course have never had any such overriding document. Recent investigations and proposals considered whether we should adopt one. They culminated in the government’s Bill of Rights Bill, recently abandoned following the departure from ministerial office of Dominic Raab

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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll