The Daily Telegraph

Impartial courts

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sir – Charles Moore (Comment, December 21) is right about the courts.

We expect to have an independen­t judiciary, by which we mean judges immune to outside influence, applying the law in a fair and predictabl­e manner. We do not want judges free to impose their personal political and social morality upon the rest of us. That, however, is what we now have, as displayed by a range of recent judgments, from that of the Supreme Court on government use of prerogativ­e powers to that of the judge supporting the dismissal of a researcher for expressing the widely held view that gender is real and not a state of mind – a perfectly valid opinion.

Today’s prescripti­ve “liberal” establishm­ent, which has taken control of the courts as well as the BBC and other national institutio­ns, has forgotten that liberalism is first and foremost about personal liberty and free speech. Our judges were unduly empowered by Tony Blair’s Human Rights Act of 1998, which disastrous­ly brought Britain under the jurisdicti­on of the European Court of Human Rights, freeing judges from the sensible constraint­s of the British common law system that produces outcomes based on precedent.

The rule of law is not the rule of lawyers – as it is in the Lord Chancellor’s song from Gilbert and Sullivan’s light opera Iolanthe:

The Law is the true embodiment Of everything that’s excellent

It has no kind of fault or flaw

And I, my Lords, embody the Law.

Gregory Shenkman

London W8

sir – The unanimity of 11 judges on an issue as complex as the prorogatio­n of Parliament, highlighte­d by Kevin O’sullivan (Letters, December 30), is what I found so unbelievab­le.

By a miracle, which I call democracy, the British public passed its own judgment on the anti-brexit propaganda peddled by assorted organisati­ons, political groups and the usual luvvies. This resulted in a rout of Boris’s opponents – caught in a web of their own making?

Sandra Jones

Old Cleeve, Somerset

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