Those of us who thought Lord Neuberger, outgoing president of the supreme court, was best advised to say nothing while the Daily Mail was doing its foaming Brexit schtick about judicial “enemies of the people” found fears confirmed when his lordship finally joined battle last week. “The rule of law, together with democracy, is one of the two pillars on which our society is based,” Neuberger told the Today show. Indeed, judges were “the ultimate guardians” of the rule of law.
Of course, the press and media “have a positive duty to keep an eye on things. But I think with that power comes the degree of responsibility.” We don’t want unjustified attacks “undermining” society.
Naturally not. We should unite in handing the Mail a cold towel – 48% of the population can’t all be traitors. But that “second” pillar Neuberger calls “democracy” includes “the rule of law”. (Try finding an autocracy round the globe which deals in pristine justice). There is only one great pillar, which includes the right of a free press to say what it feels necessary. Tacking on “degrees of responsibility” – like “must be reverential to judges” – is the moment you chop back freedom itself.
Judges don’t stand apart from the imperfect, wart-strewn nature of democracy. They’re an umbilical part of it, to be questioned like everyone else.
