On November 4, 2016, the Daily Mail made headlines by launching a scathing attack on three judges who ruled that parliament needed to pass an act of parliament before the UK could legally exit the European Union. The judges were labeled as “enemies of the people” and accused of defying the Brexit voters. This attack has since evolved and focused specifically on judges influenced by a liberal, pro-remain agenda and empowered by the European Convention on Human Rights (ECHR). The rightwing ideology driving this government has expressed support for this attack. The lord chancellor, Alex Chalk, recently denounced lawyers for expressing their political views in their work.
Attacks on law and lawyers often emerge when a government seeks to break from the established status quo. The current attack targets two fundamental principles. Firstly, judges have a duty to uphold the law, and only parliament can make significant legal changes. The attack asserts that judges should prioritize the democratic will expressed in the EU referendum, which undermines the rule of law and subjects it to contested public opinions.
Secondly, the attack questions the basic freedoms protected by the law. The government claims that these freedoms do not apply to immigrants who enter the country illegally, even if they later qualify for asylum. This disregard for basic rights is evident in the Illegal Migration Act, which permits imprisonment without adequate cause and restricts access to the courts.
By attacking the reliability of the courts, the government undermines the confidence in our legal system. This confidence is a crucial strength of our country, ensuring the enforcement of the law without bias and attracting investments. However, if the government continues to erode this confidence, judges may hesitate to challenge the executive branch, as seen in recent cases.
Judges cannot engage in political battles to defend themselves and should not be treated as political campaigners. Demonizing lawyers also weakens the position of judges. While dishonest lawyers should face consequences, it is fundamentally wrong to attack lawyers who lawfully fight for vulnerable clients due to their disagreement with government policies.
The government seems oblivious to the damage it is causing by disregarding the rule of law and failing to respect and protect judges. These actions will have long-term consequences, damaging domestic freedoms and our international reputation. It is time for the government to stop attacking judges and honest lawyers.
Lord Falconer served as lord chancellor in Tony Blair’s government.
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