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Lady Hale warns against the UK adopting a US-style Supreme Court | Lady Hale warns against the UK adopting a US-style Supreme Court |
(32 minutes later) | |
Outgoing Supreme Court President Lady Hale has warned against politicians choosing the UK's top judges in a speech marking her retirement. | Outgoing Supreme Court President Lady Hale has warned against politicians choosing the UK's top judges in a speech marking her retirement. |
She advised against adopting a US-style approach "whether in powers or in process of appointment". | She advised against adopting a US-style approach "whether in powers or in process of appointment". |
The Conservatives have pledged to review the "relationship between the government, Parliament and the courts". | The Conservatives have pledged to review the "relationship between the government, Parliament and the courts". |
Lady Hale gained public notoriety when she ruled on the prorogation of Parliament wearing a big spider brooch. | Lady Hale gained public notoriety when she ruled on the prorogation of Parliament wearing a big spider brooch. |
She will officially retire from her post when she turns 75 next month - the mandatory retirement age for judges appointed before 1995. | She will officially retire from her post when she turns 75 next month - the mandatory retirement age for judges appointed before 1995. |
It comes as Downing Street said the government's Brexit bill will enable more British judges to depart from previous rulings of the EU's top court. | It comes as Downing Street said the government's Brexit bill will enable more British judges to depart from previous rulings of the EU's top court. |
In her final speech in the role, Lady Hale said: "We (Supreme Court justices) do not know one another's political opinions - although occasionally we may have a good guess - and long may that remain so. | In her final speech in the role, Lady Hale said: "We (Supreme Court justices) do not know one another's political opinions - although occasionally we may have a good guess - and long may that remain so. |
"Judges have not been appointed for party political reasons in this country since at least the Second World War. | "Judges have not been appointed for party political reasons in this country since at least the Second World War. |
"We do not want to turn into the Supreme Court of the United States - whether in powers or in process of appointment." | "We do not want to turn into the Supreme Court of the United States - whether in powers or in process of appointment." |
UK Supreme Court judges are appointed on legal experts' advice, whereas in the US the President can nominate them. | UK Supreme Court judges are appointed on legal experts' advice, whereas in the US the President can nominate them. |
In September, the Supreme Court ruled that Boris Johnson's decision to suspend Parliament for five weeks was unlawful. | In September, the Supreme Court ruled that Boris Johnson's decision to suspend Parliament for five weeks was unlawful. |
Lady Hale delivered that ruling, saying the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued, triggering the resumption of Parliamentary business the following day. | Lady Hale delivered that ruling, saying the unanimous decision of the 11 justices meant Parliament had effectively not been prorogued, triggering the resumption of Parliamentary business the following day. |
In response, attorney-general Geoffrey Cox QC told MPs in the Commons there could come a time for "parliamentary scrutiny" of senior judicial appointments. | |
However, just days later he said that US-style hearings "would be a regrettable step for us in our constitutional arrangements." | However, just days later he said that US-style hearings "would be a regrettable step for us in our constitutional arrangements." |
During the election, however, the Conservative Party pledged to review the UK's unwritten constitution. | During the election, however, the Conservative Party pledged to review the UK's unwritten constitution. |
In its manifesto, it said: "After Brexit we also need to look at the broader aspects of our constitution: the relationship between the government, Parliament and the courts; the functioning of the royal prerogative; the role of the House of Lords; and access to justice for ordinary people." | In its manifesto, it said: "After Brexit we also need to look at the broader aspects of our constitution: the relationship between the government, Parliament and the courts; the functioning of the royal prerogative; the role of the House of Lords; and access to justice for ordinary people." |
Lady Hale - who was born Brenda Hale, and is widely known as Judge Brenda - became the Supreme Court's first female president when she was appointed in 2017. | Lady Hale - who was born Brenda Hale, and is widely known as Judge Brenda - became the Supreme Court's first female president when she was appointed in 2017. |
Signing off, she joked that you had to feel sorry for the male institutions which had had to adjust. | Signing off, she joked that you had to feel sorry for the male institutions which had had to adjust. |
"If Judge Brenda has inspired a younger generation to believe in the ideals of justice, fairness and equality, and to think that they might put them into practice, Judge Brenda will retire content", she said. | "If Judge Brenda has inspired a younger generation to believe in the ideals of justice, fairness and equality, and to think that they might put them into practice, Judge Brenda will retire content", she said. |
Lord Reed will replace her in January. | Lord Reed will replace her in January. |
Also speaking at the ceremony, he praised her for her handling of the prorogation hearing, calling it "her greatest achievement", with a ruling which would be "of lasting importance". | Also speaking at the ceremony, he praised her for her handling of the prorogation hearing, calling it "her greatest achievement", with a ruling which would be "of lasting importance". |
And he suggested that the spider brooch she wore when delivering the verdict had become "a symbol of swashbuckling womanhood". | And he suggested that the spider brooch she wore when delivering the verdict had become "a symbol of swashbuckling womanhood". |
She is "an inspiration to women, and especially to women lawyers", he said, adding that he would miss "an inspiring pioneer, a distinguished scholar and judge, and a valued friend." | She is "an inspiration to women, and especially to women lawyers", he said, adding that he would miss "an inspiring pioneer, a distinguished scholar and judge, and a valued friend." |