The Politician and the Judge

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When the head of Charles I fell from his body outside the Banqueting House in Whitehall it provided the most dramatic example of the strained relationship between England's courts and the government of the day. The first judges were directly appointed by the King and expected to uphold the King's laws throughout the land. From the 17th century onwards there was a growing tendency of judges to act independently, upholding the law rather than slavishly following the wishes of the King. That judicial independence has now developed to the point where some political commentators see the judiciary as challenging the supremacy of Parliament. When the Daily Mail described High Court judges as 'Enemies of the People' it was a sure sign that a polite, esoteric debate was now a live and vital political issue. The distinguished and highly entertaining lawyer, Geoffrey Robertson QC is our guide to the development of this charged relationship, from Magna Carta to Brexit. Producer: Alasdair Cross.