Anyone who looks back today on the bitter row which erupted less than twenty years ago over the proposal to replace the House of Lords by a Supreme Court for the United Kingdom may wonder not only why anyone should have opposed the move but how it was that the upper chamber of the legislature had become the country’s final court of appeal in the first place.
At the dawn of the 21st...
High Principle, Low Politics and the Emergence of the Supreme Court by Frederic Reynold. It isn’t wholly fanciful to envisage an aggressive Parliament determining that a judge who has stood up to the government on an issue of legal principle has failed to behave well, and using its majority in both houses to procure the judge’s dismissal. That, as Montesquieu said of a putative loss of the separation of powers, would be the end of everything.