Yesterday morning, the government published its response to the review into judicial review. In response, nuisance-maker-in-chief Gina Miller expressed “concern” at the Lord Chancellor’s description of Courts as “the servants of Parliament”.
“I am concerned, however, by the way in which the Lord Chancellor has chosen to interpret it, particularly his description of the Courts as ‘servants of Parliament'”
This is a conventional orthodox legal view. What Gina doesn’t appear to realise is Buckland was, in fact, quoting the submission of one Baroness Hale – the president of the Supreme Court who sided with Gina twice against the government (once around triggering Article 50, and again during the 2019 prorogation). Hale wrote:
“In the vast majority of cases, judicial review is the servant of Parliament. It is there to ensure that public authorities at all levels act in accordance with the law which Parliament has laid down. In only a very few cases does it operate to ensure that public authorities act in accordance with the common law. If Parliament does not like what a court has decided, it can change the law.”
Gina’s taking aim at the wrong target this time….