Stephen Sedley

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...

For at least​ four centuries the courts have contested the claims of monarchs to untrammelled authority. ‘The king,’ Chief Justice Coke said in 1611, ‘hath no prerogative but what the law of the land allows him.’ Although the historic settlement of 1688-89, which gave us today’s constitutional monarchy, left in existence a wide swathe of prerogative powers,...

After six years as a judge – and, going by some of his judgments, a good judge too – Jonathan Sumption has returned to the theme of the deference owed by law to politics. It is his bad luck to have done so at a moment when the UK’s political process, both in and outside Parliament, has been in functional meltdown and moral decline, while both his own court and the lower courts have remained a source of constitutional principle and political stability.