The Courts and the Judiciary

The courts play an important part in the political process, a role which is often underestimated. It is true that the judicial role is more important in some countries than in others, particularly where there is a written constitution which empowers the judges to restrain governmental action which is inconsistent with the terms of the constitution. This may be because legislation has been enacted contrary to protected constitutional principles, such as freedom of expression or the right to a fair trial. Or in a federal system it may be because the federal legislature has legislated on a matter which is reserved for the states or provinces. But although historically Britain has had no entrenched rights of this kind, and no division of legislative authority between constituent parts of the country, ¹ this has changed significantly since the general election in 1997. As a result of the Human Rights Act 1998 and the government’s programme of legislative devolution (to Scotland, Wales (albeit without primary legislative powers) and Northern Ireland) the courts nave btxuu e even more prominent parts of the political landscape. Although this is not to exaggerate the role of the courts and judges, a full account of British politics cannot now ignore them (see Box 24.1).