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It is disappointing to hear senior British politicians lending their voices to criticisms more frequently heard in the popular press, often based on a misunderstanding of the court's role and history, and of the legal issues at stake. It is particularly unfortunate that a single judgment of the court on a case relating to UK prisoners' voting rights, which was delivered in 2005 and has still not been implemented, has been used as the springboard for a sustained attack on the court and has led to repeated calls for the granting of powers of Parliament to override judgments of the court against the UK, and even for the withdrawal of the UK from the convention.

 

Nicolas Bratza

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The Court's justification for consulting its own notions rather than following the original meaning of the Constitution, as I would, apparently is based on the belief of the majority of the Court that for this Court to be bound by the original meaning of the Constitution is an intolerable and debilitating evil; that our Constitution should not be 'shackled to the political theory of a particular era,' and that to save the country from the original Constitution the Court must have constant power to renew it and keep it abreast of this Court's more enlightened theories of what is best for our society. It seems to me that this is an attack not only on the great value of our Constitution itself but also on the concept of a written constitution which is to survive through the years as originally written unless changed through the amendment process which the Framers wisely provided.

 

Hugo Black

 

The freedom of peoples depends fundamentally on the rule of law, a fair legal system. The place to have trials or accusations is a court of law, the Common Law that has come right up from Magna Carta, which has come right up through the British courts—a court of law is the place where you deal with these matters. If you ever get trial by television or guilt by accusation, that day freedom dies because you have not had it done with all of the careful rules that have developed in a court of law. Press and television rely on freedom. Those who rely on freedom must uphold the rule of law and have a duty and a responsibility to do so and not try to substitute their own system for it.

 

Margaret Thatcher

 

Rarely cited by the Supreme Court today, Justice Black is generally viewed by the Court (as he was by Bickel) as too 'absolutist,' too unyielding, too unresponsive to other societal needs. But the Pentagon Papers case may, even now, best be recalled in Justice Black's opinion, the last he would write on the Court.

 

Hugo Black

 

I would sooner receive injustice in the Queen's courts than justice in a foreign court. I hold that man or woman to be a scoundrel who goes abroad to a foreign court to have the judgments of the Queen's courts overturned, the actions of her Government countermanded or the legislation of Parliament struck down.

 

Enoch Powell

 

In its Morgentaler decision of January 1988, the Supreme Court of Canada struck down the centrepiece of Canada's abortion law, section 251 of the Criminal Code. The court held that it conflicted with section 7 of the Charter of Rights and Freedoms, which guarantees the 'security of the person'. This ruling radically changed the legal status quo; it was as if Parliament had repealed that section of the Criminal Code without passing a replacement amendment.

 

Thomas Flanagan