The Labour Party is considering a radical constitutional shift that would require future governments to seek Supreme Court approval before implementing highly controversial policies, The Independent can reveal.
Shadow justice secretary Shabana Mahmood told The Independent's 'The Independent's' podcast that ministers could be compelled to obtain a "pre-emptive judgment" from the UK's highest court for policies with significant legal implications.
Learning from Rwanda Saga
The proposed reforms come in direct response to the government's protracted legal battle over its Rwanda asylum scheme, which saw multiple court challenges and ultimately required Supreme Court intervention.
"We are looking at ideas such as... whether for the most contentious policies, a government should be required to seek a pre-emptive judgment from the Supreme Court," Ms Mahmood explained.
Preventing Costly Legal Battles
This mechanism would aim to prevent situations where policies are announced, only to be tied up in years of expensive litigation that costs taxpayers millions.
The shadow justice secretary emphasised that such a system would ensure "proper due diligence is done on the front end," rather than dealing with legal challenges after policies are already in motion.
Broader Constitutional Reform Agenda
The Supreme Court proposal forms part of Labour's wider constitutional reform package, which also includes:
- Strengthening the House of Lords Appointments Commission
- Implementing strict lobbying rules for former ministers
- Addressing the power imbalance between central government and local authorities
Ms Mahmood described the current system as allowing central government to "hoover up power and resources," leaving local communities feeling disconnected from decision-making.
Restoring Public Trust
The Labour frontbencher argued that these reforms are essential for rebuilding public confidence in Britain's political institutions after years of controversy and scandal.
"We have to restore faith in our institutions and our democracy," she stated, highlighting the need for "proper checks and balances" on executive power.
While the proposals are still in development, they signal Labour's intention to fundamentally reshape how government operates if they win the next general election.
