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Such is the logic of the new Justice Secretary’s appointment – and the combative stance of the Attorney-General.
The Government’s plan may mean a change from the Court to the Judicial Committee of the Privy Council – widening the set of judges who sit.
Given its majority and manifesto, the Government cannot take on both delivering Brexit and quitting the court. But it must stand fast against the Charter of Fundamental Rights.
But that doesn’t mean that she can afford to try to run this election on a timid manifesto. This remains the party’s best chance to win a mandate for tough choices.
He’s in auto-rebellion mode – and like it or not it’s something he is good at.
A contest exists between traditional common lawyers, who believe the constitution exists (in their minds), and modernisers including myself.