The Rest Is Politics: Leading 158. Baroness Hale: The Supreme Court, Boris Johnson, and the ECHR
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Oct 19, 2025 Baroness Hale, the first female President of the Supreme Court, discusses her landmark ruling against Boris Johnson's prorogation of Parliament. She highlights the importance of the European Convention on Human Rights, warning against the dangers of departing from it. Additionally, she addresses how recent U.S. actions threaten global legal norms. With insights on women's rights advancements and the role of judges in political discourse, Hale emphasizes the need for judicial independence and highlights ongoing challenges in feminism.
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Distinct Roles: Law Versus Politics
- Courts interpret and apply laws while politicians decide policy, so each has a distinct constitutional role.
- Hale stresses the judiciary must not make policy and politicians must respect legal limits.
Transparency Protects Liberty
- Secret arrests and unidentified agents threaten basic legal protections because people must know who arrests them and why.
- Hale calls masked, unidentifying arrests outrageous and potentially unlawful under common law.
Judicial Independence Is Foundational
- Judicial independence is a constitutional cornerstone dating to the Act of Settlement 1701 and requires security of tenure for judges.
- Hale warns losing judicial independence risks undermining the rule of law and democracy.
