The Supreme Court’s Brexit interventions are a threat to democracy
sir – Barri Stirrup (Letters, October 7) highlights the obvious consequence of the Benn extension request letter being ordered and dictated by Parliament, which is that the EU will have to treat Parliament as Britain’s de facto negotiator. But now there’s another player in the frame.
On Friday the former Supreme Court judge Lord Sumption told Newsnight that, if the Prime Minister doesn’t send the letter, the court can do so itself. In that case, presumably, the EU would have to treat the Supreme Court as its negotiating partner. And if the Supreme Court arrogates to itself these executive powers, it follows that it would have the authority to order the country to war in defiance of elected politicians. Martin Burgess
Beckenham, Kent
sir – While I was looking up the Supreme Court on Wikipedia, I came across something attributed to Joshua Rozenberg’s BBC programme on September 8 2009 at the time the court was set up: “Lord Neuberger of Abbotsbury, later President of the Supreme Court, expressed fear that the new court could make itself more powerful than the House of Lords committee it succeeded, saying that there is a real risk of ‘judges arrogating to themselves greater power than they have at the moment’. Lord Phillips said such an outcome was ‘a possibility’, but was ‘unlikely’.” Andrew Rixon
Hertford
sir – Professor Glen Plant (Letters, October 7) appears to believe that a duty of sincere cooperation imposed by Article 4(3), Treaty on the European Union, means that Britain is not allowed to use its veto powers if the EU objects. David Cockerham
Bearsted, Kent
sir – Has Professor Plant any concern about the months and years during which the EU has failed to show cooperation over Brexit? All of its remarks have been insulting to Britain, our Government and the voters. Andrew Smith
Epping, Essex
sir – I spluttered over my muesli when I read Professor Plant’s claim.
Duty of sincere cooperation? Has anyone told Michel Barnier? Terry Lloyd
Derby
sir – Leo Varadkar, the Irish Taoiseach, has said of Boris Johnson’s deal: “Our view is that any consent mechanism that were to exist would have to be reflective of the views of the whole of the population of Northern Ireland and not give any one party of any denomination a veto.”
Given that Mr Varadkar holds his position only on the basis of an internal party leadership election, the British Government would be justified in following his own guidance and refusing to recognise his legitimacy. Marcus Walford
London SW13