We need limitations of power; our present courts aren’t the answer.

Lord Kerr is right in his analysis of the risk of a reckless rule breaking government that brands the judiciary a bunch of lefties, but our present unaccountable system is far from the answer.

Attacks on lawyers went up after Priti Patel’s ill thought through statements about “lefty do gooder lawyers” (or something along those lines repeated for a number of days). Let’s not forget, this is a government opposed to the human rights act, championing the Spy Cops bill (giving undercover police Orwellian impunity), irrefutably opposed to the rights of asylum seekers, and that came to power off the back of illegally proroguing parliament.

As I say, Lord Kerr’s assessment of a collapse of democracy in the event of a government such as this one acting in a hostile manner towards things like the court system, is broadly spot on. We’ve seen stuff like this happen in the likes of Hungry with Viktor Orbán, we know this is a slippery slope and a dangerous one at that.

Where the analysis falls apart is archaic faith in our present courts and legal system. It doesn’t deserve such a vote of confidence. Certainly right this minute it’s the only hope against a rash and reckless government, and shouldn’t be undermined because then the charlatans in No 10 are emboldened and unchecked. We’re dealing with professional scrutiny evaders, they want nothing more than a legal system of checks and balances lacking in public trust.

But while bearing that in mind we need serious thought about reform. Progressivism needs that. Disliking an unaccountable elected government is all well and good, but even less accountable members of the ruling class in an antiquated establishment institution that broadly works to maintain the status quo and by its very nature resists change (with trailblazing exceptions working within) isn’t a good answer to the question of how you temper the excesses of that government.

We can hold out to 2024 without becoming Hungry, we have more stable institutions (albeit failing slowly) in Britain and undertaking what Prime Minister Orbán did to his country will be trickier and a slower process here, but every time the government erodes norms we get a step closer, and such a fait is far more likely than some liberal laurel sitters would have you think. The courts system and how we hold our overly centralised all powerful government to account are national conversations long overdue and need to be had before progressives have a chance at seizing control of the British state; a prospect that could be a decade or more away.