A Collision Course With The Courts? UK Lawyers Wary of New Attorney General
Suella Braverman has been vocal about how judges should not determine wider public policy.
February 14, 2020 at 07:29 AM
3 minute read
Boris Johnson's appointment of Suella Braverman as the U.K. government's new Attorney General has raised eyebrows among some in the legal industry given her outspoken views on how the courts should deal with governmental issues.
The resignation of Attorney General Geoffrey Cox led some London lawyers to fear a potential undermining of the rule of law, with one partner questioning "whether somebody will be sent to do a hatchet job on the judiciary".
Braverman's appointment could be seen as controversial given her stance regarding such topics. Earlier this year she argued that "Parliament must retrieve power ceded to another place – the courts", noting that recent Supreme Court decisions in relation to the triggering of Article 50 and the prorogation of Parliament are "chronic and steady encroachment by the judges".
Alexander Campbell, barrister at Field Court Chambers, noted that the appointment is "likely to be a controversial one in the eyes of some parts of the legal profession", adding that "if [she] is set on a collision course with the courts, the legal profession can expect some turbulent times ahead."
"Any dramatic attempt to reform the Human Rights Act will inevitably meet with resistance in parts of the legal profession", Campbell continued.
However, he added it remains to be seen whether Braverman's views will translate into any concrete proposals for reform.
Steve Peers, a professor of EU, human rights and world trade law at the University of Essex, tweeted that it was a "genuinely terrible appointment".
One financial services partner at a transatlantic firm said that the new Attorney General is "well regarded on the legal front". They added: "She has well-known views on Brexit, but that seems to me to be a separate issue."
A private equity partner at a U.K. firm gave the news a "cautious welcome".
"There's a lot of hearsay and many don't think she is up for the job", he said. "Frankly, I will reserve judgment to see whether she upholds the duties and responsibilities of somebody who is meant to represent the legal industry."
The partner continued: "In terms of whether we'll see an all-out assault on the judiciary, who knows?"
Braverman's office did not immediately reply to a request for comment.
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