Frederick Wilmot-Smith

The​ judiciary, Alexander Hamilton wrote in ‘Federalist No. 78’, was ‘beyond comparison the weakest of the three departments of power’. Today, in the United States, that is open to question. All it takes to nullify the decisions of the president or the legislature is the decision of five members of the Supreme Court – and there is often no practical way to...

Ruth Bader Ginsburg died 46 days before November’s presidential election. The Senate majority leader, Mitch McConnell, almost immediately announced his intention to confirm a new justice. Just as immediately, he was accused of hypocrisy. Scalia died 269 days before the 2016 election and that, Republicans argued at the time, was too close to the election for it to be right to confirm a successor. What happened to the ‘constitutional principle’ invoked to block Garland’s appointment? There are various arguments. Ted Cruz claims that voters were drawn to Trump by his stance on the courts; Lindsey Graham invokes Democrats’ treatment of Kavanaugh at his confirmation hearing. These ‘arguments’ go nowhere. McConnell, though, pointed to the fact that the Senate in 2016 was ruled by ‘an opposite party’ to the president’s. The real principle here is power: whoever has control of the Senate decides whether its advice and consent will be given. The Republicans were in charge in 2016 and they are in charge now: they can exercise their power as they wish.

The​ Shield of Achilles, as described in the Iliad, portrays two cities. One of them is at war, circled by ‘a divided army/gleaming in battle-gear’. In the other, there is a promise of peace through the exercise of law: ‘the people massed, streaming into the marketplace/where a quarrel had broken out and two men struggled/ over the blood-price for a kinsman just...

The oceans​ are awash with plastic. According to one study from 2015, 90 per cent of seabirds have it in their gut. Another study indicates that a third of the fish caught in UK waters have it in theirs. Unless something changes, it is estimated that by 2050 there will be a greater weight of plastic in the seas than fish. The secretary of state for the environment, Michael Gove, watching

What is the proper distribution of power between Parliament and the executive? It’s a question raised by the recent High Court decision in Miller v. The Secretary of State for Exiting the European Union. Under Article 50 of the Lisbon Treaty, a member state must ‘notify the European Council of its intention’ to leave, commencing a two-year period of negotiations on the terms of its withdrawal. But who has the power to speak for the state?