Activist judges are partly to blame for the havoc wreaked by Tony Blair on our constitution – Telegraph.co.uk

Because of last weeks horror at Westminster, little attention was paid to an intervention by the retiring Lord Chief Justice, Lord Thomas. He attacked the Lord Chancellor, Liz Truss, for not defending the judges when they were criticised over their attitude to Article 50. She was completely and absolutely wrong, he said: It really is essential we have a Lord Chancellor who understands her constitutional duty.

It is true that Liz Truss is not a legal expert, but there is a reason for this. The Lord Chancellor is no longer the judges leader.

When New Labour came in, it was obsessively keen to impose a continental model upon the British legal system. This arid rationalism demanded the formal separation of politics from the law. It created a Supreme Court for the first time. It thought it wrong that the head of the judiciary should also be a Cabinet Minister.

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Activist judges are partly to blame for the havoc wreaked by Tony Blair on our constitution - Telegraph.co.uk