Law Society calls out comments undermining judicial independence

The Law Society of Scotland has called out comments from the UK shadow justice secretary, and the increasing prevalence of rhetoric designed to undermine the independence of the judiciary.

Robert Jenrick spoke at the Conservative Party’s annual conference in Manchester yesterday, proposing to restore the primacy of the Lord Chancellor in overseeing judicial appointments on the basis that some judges are blurring the line “between adjudication and activism”.

Law Society of Scotland President Patricia Thom said: "Robert Jenrick's comments about so-called 'activist' judges are dangerous and unacceptable. We strongly condemn such rhetoric, which appears designed to undermine the independence of the judiciary and its fundamental role in safeguarding our constitution.

"Politicians have a responsibility to respect the role of judges in upholding the rule of law and interpreting legislation as passed by Parliament, and to accept that judicial appointments are made at arm's length from political interference.

"It is notable that Mr Jenrick has provided no legal basis for questioning the validity of judicial decisions with which he does not agree. Unlike politicians, members of the judiciary are expected to be strictly impartial when considering how the law should be applied, and also have no right of reply.

"Dangerous rhetoric such as this has sadly been on the increase for several years, and we have numerous examples in other countries of the dire consequences for democracy and the rule of law when judicial independence is stymied."