The comments by the Lord Chief Justice of England and Wales were made on September 28 during the traditional Justice Lecture (Rechtspraaklezing) in Utrecht.

In America, the president mentions a "so-called judge" and in Poland, the independence of the judiciary has been reined in. "Would you ever have thought of England and Wales that judges there would be described as enemies of the people, and that the Executive would fail to defend them?" asked Lord Thomas the attendees of Justice Day in TivoliVredenburg.

It happened to the highest judges in England and Wales last year. The High Court of Justice decided that Brexit could only move forward with the permission of Parliament. The Daily Mail subsequently called the judges involved, including Lord Thomas, "enemies of the people" - "a phrase much beloved by Robespierre, Lenin and other dictators", notes Lord Chief Justice John Thomas.

Defending the judiciary

According to Lord Thomas, the different powers of state should aid each other when one of them is wrongly accused and indefensible. The Lord Chief Justice could not defend himself when the High Court of Justice was attacked over the Brexit judgment, because the government had launched an appeal.

"However, the failure of the Executive could not be left uncriticised. I told the judiciary when the case was over and the time was right I would speak out about the future. I did so in unambiguous terms when giving evidence to our Parliament, explaining why it was so damaging when the Executive power through the Minister did not defend the judiciary."

Digital revolution

It is time for the judiciary to take the necessary steps to defend itself against attacks on the rule of law, Lord Thomas says. First, the judiciary should show strong leadership:

"[This] may in the short term not be popular amongst judges. However, without strong leadership prepared to undertake radical change, a judiciary is at the present time very vulnerable to being undermined or marginalised."

The 'radical change' should come from the digital revolution. The leadership of the judiciary would make a fatal error if it would impede the digitalisation of the administration of justice, opines the Lord Chief Justice. Also because "[t]hose wishing to undermine the judiciary have always found a ready ear among people who have grounds for believing that a judicial system is slow, costly and inefficient."

Explaining

In the fight against the erosion of the rule of law, judges must provide good explanations in clear language that can be easily understood. They should also explain why justice matters. "Judges must play an active part in educating the young about the importance of justice. [...] Judges must have a proactive media strategy and engage with the media – the Dutch judiciary have led the way."

Principles

Judges must always be prepared to stand firm on principle and fight to defend its independence and the freedoms on which our democracies are based, concluded Lord Chief Justice John Thomas his Justice Lecture.

"This will never be easy to do, but perhaps we did not become judges if we wanted the easy life. There may be a heavy price to pay, but courage, independence and cohesion will in the end ensure that the judges succeed in their duty of upholding the rule of law, difficult and unpleasant though that may be."

Source: rechtspraak.nl