The British government is determined to curb the judiciary. It should tread carefully
are used to obscurity. Unlike their American counterparts, even the most senior can count on being recognised only in the warren of streets between High Holborn and the Thames that comprise London’s legal quarter. Their fondness for Latin does not help.
Mr Johnson’s decision on February 13th to appoint Suella Braverman as attorney-general raised expectations that a battle is brewing. Her predecessor, Geoffrey Cox, shared the prime minister’s concerns about the judgment but attempted to dampen speculation about the commission’s scope, insisting the government would not “rush headlong into impetuous reform”. Ms Braverman, by contrast, has fanned the flames.
Jonathan Sumption, a former supreme-court judge, lent that charge intellectual heft last year with a series of lectures on “law’s expanding empire”. Policy Exchange, a think-tank, runs a judicial power project, highlighting claims of “judicial overreach”. It is true that senior judges are doing more than in the past. The critics are right that the annual tally of judicial reviews has jumped, from a hundred or so in the 1970s to several thousand now.
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