Former Prime Minister Theresa May has cautioned against moves to politicise the judiciary, amid reports that Boris Johnson's government is considering reforms to limit judicial review and increase political oversight of judicial appointments. May's warning comes as Attorney General Suella Braverman, a prominent Brexiteer, prepares to lead a review of the relationship between government, parliament, and the courts.
The review, promised in the Conservative manifesto, aims to ensure judicial review is not used to conduct politics by other means. However, critics fear it could lead to greater political control over the appointment of judges, potentially moving towards an American-style system where judges are seen as political appointees. Lord Sumption, a former Supreme Court judge, has warned that judicial attitudes cannot be changed by legislation and that the government should work with judges rather than against them.
The push against the judiciary is seen by some as part of a wider attack on institutions perceived as the 'enemy within', including the BBC and the civil service. The Supreme Court's ruling last autumn that Boris Johnson's suspension of parliament was unlawful is believed to have fuelled the government's desire to clip the judges' wings. However, former Attorney General Geoffrey Cox has urged the government to tread softly and protect judges from political attacks.
Lord Chancellor Robert Buckland has also expressed opposition to political appointments, stating that the independence of the judiciary is a cornerstone of democracy. Despite these warnings, Johnson and his senior adviser Dominic Cummings are reportedly determined to press ahead with reforms, raising concerns about the long-term implications for the rule of law in the UK.
