Does Johnson’s choice for new attorney general indicate government on a collision course with judges?

The new attorney general has sparked fears that the government will try to reduce the independence of the judiciary after criticising “unelected, unaccountable” judges in an article published before her appointment.

Last week, Prime Minister Borish Johnson’s Cabinet reshuffle saw Suella Braverman replace Geoffrey Cox as attorney general, the government’s most senior lawyer. A key role of the attorney general is to defend the justice system and the rule of law, but as the Law Gazette reports, Braverman heavily criticised judges just two weeks before being appointed.

Writing on Conservative Home, Braverman – a pro-Brexit ally of Johnson, said: “'Restoring sovereignty to Parliament after Brexit is one of the greatest prizes that awaits us. But not just from the EU. As we start this new chapter of our democratic story, our parliament must retrieve power ceded to another place - the courts. For too long, the Diceyan notion of parliamentary supremacy has come under threat. The political has been captured by the legal. Decisions of an executive, legislative and democratic nature have been assumed by our courts. Prorogation and the triggering of Article 50 were merely the latest examples of a chronic and steady encroachment by the judges…Yes, courts should operate to curb abuse of power by government but if a small number of unelected, unaccountable judges continue to determine wider public policy, putting them at odds with elected decision-makers, our democracy cannot be said to be representative.”

Braverman qualified as an attorney in New York State and also practised as a barrister in the UK before entering politics.