We have inherited the separation of powers from our unwritten constitution. Now the Law Lords are steering this towards a more contemporary balance in which separate powers are also a check upon each other.
This welcome development raises legitimate concerns, however. If the law is not to be politicised, it must be 'constitutionalised'. Only a written constitution, grounded in popular assent, can bestow legitimacy on the courts sitting in judgment upon alleged abuses of power by our politicians.
The Rees-Mogg action on the Maastricht decision is a further example of a conflict between the law and Parliament, and if the courts are to rule on this, they must be vested with the proper authority.
28 JulyReuse content