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Judiciary: Judges becoming too politicized?

Owen Moelwyn-Hughes

9th November 2011

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British judges are becoming too politicised, inspired by Strasbourg’s European Court of Human Rights, according to the newest Supreme Court appointee. “How far,” asked Jonathan Sumption in a speech at Lincoln’s Inn, “can judicial review go before it trespasses on the proper function of government and the legislature in a democracy?”

Follow up on this story ion today’s Guardian: Supreme court appointee says role of British judges is too politicised

the article asserts:Judges are becoming too politicised in their decision-making, encouraged by a European court of human rights which is progressively shrinking national sovereignty, according to the newest appointment to the UK’s supreme court.

In a critical assessment of the role of judges in a democracy, which will stir up debate on whether judges – not parliament – are making law, and the extent of the Strasbourg court’s powers, Jonathan Sumption QC implied that judicial reviews are in danger of trespassing on “the proper function of government”.

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Owen Moelwyn-Hughes