Britain's Most Senior Judge Accuses Press Of Undermining Rule Of Law On Brexit Case
Britain's Most Senior Judge Accuses Press Of Undermining Rule Of Law On Brexit Case
Speaking on BBC Radio 4.
Speaking on BBC Radio 4.
Justin Webb
We started with the Article 50 debate and the treatment courts had received.
Lord Neuberger
We were certainly not well treated. One has to be careful about being critical of the press particularly as a lawyer or judge because our view of life is different to that of the media. Certainly in our terms they were quite off beam in terms of what they were concentrating on. I wouldn’t criticise them, save to the extent that undermining the judiciary for no good reason is not good for the rule of law.
Justin Webb
That’s quite a firm criticism actually, that some of what was said was illegitimate and damaging to democracy, you think that do you?
Lord Neuberger
I think some of what was said was undermining the rule of law. Most of what was said even if I didn’t agree with it or think that it was far was well within the ambit of what a reasonable press can do.
Justin Webb
And to the extent that it undermine the rule of law in your judgement were the politicians to defend the rule of law and the role of the courts. Were they vocal enough or quickly enough.
Lord Neuberger
They were certainly vocal enough, quickly enough after our hearing but after the divisional hearing they could have been quicker. I think that they could have acted more quickly and more clearly than they did. As I say it is easy to be critical after the event …
Justin Webb
And of course it was that court that really did get it in the neck from the press ‘Enemies of the People’ and all the rest of it, and you thought it was at that stage, at that stage politicians should have weighed in?
Lord Neuberger
I think that they could have acted more quickly and more clearly than they did. But as I say it is easy to be critical after the event they were faced with an unexpected situation from which like all sensible people they learned.
Justin Webb
If we do undermine the judiciary what is the risk to democracy and society?
Lord Neuberger
I think if we undermine the judiciary we are undermining the rule of law because in the end the judges are the ultimate guardians of the rule of law. The rule of law is one of the pillars upon which our society is based. And therefore if without good reason the media or anyone else undermines our judiciary that risks undermining society. The press and the media generally have a positive duty to keep an eye on things. With that right, with that power comes a degree of responsibility.
Justin Webb
Some segments of the media said the court was ‘out of touch’ in a sense you wouldn’t argue with that would you?
Lord Neuberger
I think out of touch is one of the difficult things to assess. The judiciary’s view of life and the media’s view of life is different. In that sense one can say the other is out of touch and in a sense in their own terms that can be correct.