What This Civil War Is REALLY about; ANALYSIS

Daily Mail (London), March 5, 2004 | Go to article overview

What This Civil War Is REALLY about; ANALYSIS


Byline: EDWARD HEATHCOAT AMORY

Lord Woolf's declaration of judicial independence could lead to constitutional crisis. Here, a Mail writer analyses what is at the heart of the matter

Battle over the Supreme Court

The issue: The senior judges who form the Law Lords are Britain's final court of appeal.

The Government believes its reform of the Lords makes this inappropriate and the Law Lords should be replaced by a supreme court, separate from Parliament.

Lord Woolf's view: Once the judges are no longer in the Lords, they will lose their insight into what Parliament intended when it passed a law, as well as their ability to propose amendments to flawed legislation.

A supreme court will be more 'proactive' in challenging the Government, leading to ' tensions' between the judiciary and ministers.

Any reform should wait until Lords reform has been completed. There would be no place for judges in a wholly-elected Lords.

The real argument: Woolf fears MPs will follow the American example, and insist Parliament should be able to interview judges appointed to the supreme court.

Judges would be chosen for their views rather than their talents.

Politicians worry that judges, who have often overruled ministers, will become even more selfconfident in a supreme court.

Woolf 's suggestion that it will all lead to ' tensions' is an understatement.

Axing of the Lord Chancellor

The issue: Last June the Government announced, with virtually no consultation, it was abolishing the job of Lord Chancellor. His replacement, a constitutional affairs secretary, would no longer have a judicial role, nor be Speaker of the Lords.

Lord Woolf's view: The Government 'seriously underestimated' the significance of the office of Lord Chancellor within the British constitution. He performed a vital role representing the judiciary in the Cabinet, and preserving its independence.

The real argument: The last Lord Chancellor, Derry Irvine, often acted as the trade union representative for the judiciary.

He defended it against David Blunkett, who felt judges were becoming more powerful than politicians.

Once the Lord Chancellor goes, judges fear they will be at Blunkett's mercy.

But was it appropriate to have a Cabinet minister acting as a representative of a special interest group, even one as exalted as the judiciary?

So who should pick the judges?

The issue: Senior judges were appointed by the Lord Chancellor, in a process that relied on his taking other judges' advice.

With no Lord Chancellor, this job would go to an independent Judicial Appointments Commission - but the Secretary of State for Constitutional Affairs will continue to have the final say on appointments to the new supreme court. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

What This Civil War Is REALLY about; ANALYSIS
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.