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Old 25th Sep 2019, 09:56
  #10584 (permalink)  
ORAC
Ecce Homo! Loquitur...
 
Join Date: Jul 2000
Location: Peripatetic
Posts: 10,197
All precedents start out by a judge, or judges, inferring a right or based upon basic principles or combining other precedents. Which ia what, as they are entitled to do, the SC has done on this occasion.

The Attorney General, the NI court judges and English High Court judges were not wrong, they were working within the limits of the law as then written and understood. Which is why they are not to be castigated, nor should they be required to resign.

In creating a new legal principle the SC has placed the courts in the position where, in future disputes in parliament between parties, one or more parties may now decide to appeal to the courts, rather than the people. Some may find that good, some bad, others be indifferent.

However, it does mean that, inevitably, the appointment of SC judges will now always be seen, as in the USA, with an eye on their political affiliation and views.

As I said previously, perhaps it was inevitable once the SC was founded that it would become subject to political scrutiny, thie cases around Brexit have just accelerated the process.
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