There has been a spate of cases in recent days when the Government has been over-ruled by the Courts. David Davis mentioned five in a press release yesterday. I've noticed three:
- The SFO probe in BAe's allegedly corrupt business dealing with Saudi Arabia;
- The judge's ruling that soldiers' human mights may have been breached by inadequate equipment;
- The ruling that prevented the deportation of terrorist suspect Abu Qatada.
Each of the rulings are defensible. Should we be turning a blind eye to corruption because Saudi Arabia threatens to end co-operation on intelligence with us? Our armed forces certainly are under-equipped. I'm sympathetic to the Court's view that Abu Qatada might be tortured in Jordan. But, but, but: there's a worrying overall drift here.
The Courts are getting more and more powerful. They aren't just narrowly interpreting the law. They are actively interpreting the law - particularly in the whole area of human rights. The human right to hardcore porn stands out.
Judicial activism is a massive issue in US politics. George W Bush's record of appointing more conservative judges is probably his greatest achievement in the eyes of rank-and-file Republicans.
I'm emailing Dominic Grieve about Tory intentions in this whole area. I hope he might write for ConservativeHome.
We can look forward to getting rid of Gordon Brown by 2010 at the latest. Activist judges are going to be a taller order.
