by Dr. James Alexander, Daily Sceptic:
The estimable David McGrogan has done much for bringing an understanding of law to the pages of the Daily Sceptic. In an era in which everyone talks about science, it is very important that there will be some of us who keep talking about law — and literature — and politics.
McGrogan’s latest essay argued — it was a complicated piece and worth summarising — that Lord Diplock, a renowned old horse-rider of a lawyer, told the House of Lords in 1985 that he could see no reason why the lawyers shouldn’t be able to subject prerogative powers to judicial review. (McGrogan is very funny on the trickiness of the bland phrase, “I see no reason”.) This was part of the thing Jonathan Sumption has written about in his recent non-historical books: the tendency of lawyers to turn political convention into legal regulation: that is, more simply, the tendency of law lords to go after power. But the broader point is about the civil service.