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Justice Secretary would oppose Boris Johnson making judges politically appointed

2 min read

Justice Secretary Robert Buckland has said he would oppose any moves to make judges politically appointed.


It comes amid suggestions Boris Johnson will use a review of how the UK’s institutions work to exert influence on who makes rulings on court cases.

Mr Buckland told BBC Radio 5 Live's Pienaar's Politics: "I don't want to see a system of judges being put in front of select committees and asked about their political past or views."

He added: "I would be extremely worried if we ended up in that situation.”

Back in September Mr Johnson gave the clearest indication yet he could seek to change the way judges were appointed, saying: “It will take a while to be worked through.

“But I think if judges are to pronounce on political questions in this way then there is at least an argument that there should be some form of accountability.

“The lessons of America are relevant.” 

And last month’s Queen’s Speech contained a pledge to create a new constitution, democracy and rights commission that will examine “how our democracy operates”.

A US-style appointed Supreme Court is reportedly not being considered, but the Attorney General, Geoffrey Cox, has raised the idea of parliamentary scrutiny of judicial appointments

But Mr Buckland said: "As a matter of discussion it is bound to be part of discussion but I as Lord Chancellor can tell you I do not want to see a situation in this country where we have political appointment of judges.

“I will oppose that because I believe the independence of the judiciary is part of the cornerstone not just of the rule of law, but of our democracy as well."

Asked what he would say if Mr Johnson's most senior aide Dominic Cummings brought the issue up with him, Mr Buckland replied: "I just think it's an unnecessary approach.

"I'm open to debate and discussion, which is why the Independent Commission is being set up, but I think there are other ways in which we can do the job of re-balancing the constitution, supporting the judiciary in their work.

"But also making sure that it is ultimately Parliament that is sovereign, it is Parliament that is supreme.”

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