How to reform the Supreme Court.
Written by our correspondent Jo Snootleigh-Toade.
Yesterday the Supreme Court made a
unanimous ruling that the proroguing of Parliament was illegal. The
Sovereign had prorogued the Parliament herself on the advice of the
Prime Minister. So the Supreme Court has set itself above the
Queen. She, they ruled, had acted illegally on the
misinformation provided by her own Prime Minister.
Interesting times...
So who are these people who are more
important than Her Majesty?
For a start there is a severe gender
imbalance. Although Lady Hale, their President, is female, only Lady
Black and Lady Arden are not old men.
Perhaps more important, they are all
proud of their Oxbridge heritage. Lady Hale boasts of having been at
Girton. The three exceptions are Lord Kerr, who is from Belfast; Lord
Hodge, who is is from Scotland, and Lady Black, who went to Durham
and Leeds. The rest are all from (strongly Remaining) Cambridge and
Oxford. They are, finally, all white, and elderly.
If the Supreme Court wishes to start
making political decisions, then perhaps it might be better made up
if it were more diverse?
After the coming Labour victory in the
polls, thanks to postal votes and the split between the Brexit party
and the Conservatives, perhaps we might like to consider replacing
the president of the Supreme Court with Sir Keir Starmer, a man whose
impeccable political record speaks for itself. From a legal
background, Sir Keir has a wide ranging experience of life outside
the Courts of Law which is, sadly, not the case with the current
incumbents.
Emily Thornberry, too, would make an
excellent President with her wit and her legal background.
Diane Abbott was one of the first black
women from a state school to enter Cambridge (Newnham 1973-76) and
she was also the first black woman to become a parliamentary
candidate. She has had a wide experience of race relations and
initiating legislation and therefore understands the thinking behind
law making. She would add greatly to the diversity of the Supreme
Court.
At the moment, the House of Lords is
over full. It has, frankly, become a retirement centre for
politicians. What is so badly needed is a place where people of
talent can be rewarded - and that is exactly why the membership of
the Supreme Court should be increased from 12 to, say 25
people – roughly the size of the current Cabinet. It should be seen
as a pool of talent rather than a lifelong privilege for an
advantaged few. It is a good time to consider some rank outsiders for
a change. Richard Ayoade or even Christopher Biggins could be appointed to a
larger Supreme Court and perhaps lighten it up a bit.
In a democracy, the extraordinary is
elitist - and elites, as de Tocqueville noted in his study of
America, do not sit well in democratic societies. So perhaps it is
time to to reform the pale, male and stale Supreme Court and to
inject a blood transfusion of younger, more diverse and
representative judges. A small exclusive club of old, white, men from
elitist Universities is no way to run a country.
Disclaimer:The views expressed by Jo
Snootleigh-Toade are not necessarily those of the host of this
website.