The English Judges

In this new book Robert Stevens looks at the English Judiciary from an historical perspective with especial reference to its changing role in the 20th Century. He examines current debates about the position of the judges in the light of the possible future role of the judiciary in the Constitution. The centrepiece of the book is a detailed study of the political influences on the judiciary and the influence the judiciary has had on politics in the 20th Century. It concludes with a series of proposed reforms to ensure that the English judiciary will both maintain its strength but enhance its utility in the 21st Century. It offers no simple-minded argument for separation of powers but analyses what is needed to clarify the balance of powers and to advance the debate about the role of an unelected judiciary in an increasingly democratic society.

1 Setting the Tone: The Act of Settlement and the Emergence of the Balance of Powers
2 1900–1960: The Declining Role of the English Judiciary
3 The Gradual U-Turn
4 The Years of Conservative Government (1979-1997)
5 Jurisprudence or Politics
6 Balance of Powers: The Independence of Individual Judges
7 The Balance of Powers: The Judges as a Separate Branch of Government?
8 New Labour in Power
9 The Second Coming
10 The Future

“…developments are chronicled by Robert Stevens, sometimes Master of Pembroke, and a long-time student of the judiciary, with characteristic elegance, irony and balance.” –  Michael Beloff, The Spectator

“The particular strength of Steven's work lies in his ability to offer extensive descriptions of the various debates and actors involved in the controversies surrounding the English versions of the countermajoritarian difficulty in a way which is at once scholarly and accessible.” –  David Fraser, Brunel University, The Law and Politics Book Review