Separation of the judiciary from other branches of power is a recent innovation in Britain’s constitution. The supreme court was established in 2009 and a culture of respect for the independence of the courts is not deeply entrenched.
Earlier this week, Lady Carr reminded Sir Keir Starmer and Kemi Badenoch of that duty. The lady chief justice rebuked the prime minister and the Conservative leader for exchanges in the Commons last week regarding a court decision in the case of a family of refugees from Gaza. Earlier this year an immigration tribunal recognised the validity of their entitlement to settle in the UK under the European convention on human rights, overturning a previous refusal. Mrs Badenoch said this was the wrong decision and challenged Sir Keir to agree. He did, adding that the decision should not stand and that the relevant “legal loophole” would be closed.
