Issues related to national security have always been hard to crack, but judges are unwilling to consider human rights
Are the courts reverting to type? Until quite recently, it was widely assumed that the last people to look to for protection from the state were the judges. The Irish knew this, so too did union officials, leftwing campaigners and civil libertarian activists. Progress on racial and gender equality was achieved despite judges, not because of them.
Then along came the 1998 Human Rights Act and the flourishing of a new generation of abrasively liberal judges, men and women not afraid to impose their will on the executive where the law demanded it, undaunted by “enemy of the people” jibes. The Human Rights Act survives in law, it is true – but what of its spirit?
