A week of necessary and disingenuous anonymity, IICSA disarray, and Brexit sniping
Miller, Brexit and Lady Hale
On 9 November in Kuala Lumpur, Lady Hale delivered the Sultan Azlan Shah Lecture 2016, The Supreme Court: Guardian of the Constitution?, and caused something of a stir. In the course of her lecture, she referred to the recent proceedings in the Divisional Court in Miller and suggested that the European Union Referendum Act 2015 had not produced a result that was legally binding on Parliament. Which, one might think, was a statement of the obvious, because there is no binding mechanism in the Act. ObiterJ has posted a full analysis of her speech on his Law and Lawyers blog.
Nevertheless, there were howls of protest: so much so that there were calls for her to recuse herself from the forthcoming appeal. A “Supreme Court spokesman” made a statement on the matter while, in an exclusive in Solicitors Journal, Lady Hale declared that she would “absolutely not” recuse herself, adding, “I have exhibited no bias and those that suggested that I have are simply mistaken.”
Lord Neuberger of Abbotsbury, president of the Supreme Court, is the latest to have been accused of bias, this time by pro-Brexit Conservative MPs on account of him being allegedly compromised by his wife’s views.