London Daily

Focus on the big picture.
Sunday, Jul 12, 2026

Mould-breaking court to shape Britain's Brexit agony

Mould-breaking court to shape Britain's Brexit agony

Britain is renowned for its ancient, august and male-dominated institutions - yet its biggest moment since World War Two may be shaped by a mere decade-old court run by a very modern woman.

Only in existence since 2009, the Supreme Court and its unashamedly feminist president Brenda Hale, 74, are to rule next week on the constitutional crisis engulfing Britain over its torturous, mooted departure from the European Union (EU).

Specifically, the nation’s top court is to decide whether Prime Minister Boris Johnson acted unlawfully by asking Queen Elizabeth to suspend parliament for five weeks in order, as foes allege, to sidestep opposition to his Brexit-or-die agenda.

Never in its short history has the Supreme Court weighed such a momentous case. And never have Britons been treated to so many modern trappings at a core establishment institution.

Unlike other British courts, Hale and her fellow judges do not wear wigs nor do they sit in an elevated position.

While TV cameras are barred from nearly all other tribunals, the Supreme Court’s live stream on the first day of the hearing over Johnson was accessed on its website more than 4 million times.

“We will have to decide what the answer is and we will have to decide in one way or another what the consequences of that answer is,” Hale told the court of a matter throwing British politics and society into turmoil.

“None of this is easy.”

As well as having a major impact on how Brexit plays out with an Oct. 31 divorce deadline looming, the court’s ruling could be a pivotal determination on the future balance of power between Britain’s government and parliament.

Brexiteer Johnson, a former London mayor known for his mop of blond hair and getting stuck on a zip-wire during a London Olympics publicity stunt, advised the 93-year-old queen on Aug. 28 to prorogue - UK parlance for suspend - parliament.


BREXIT MAELSTROM


The shutdown duly came into effect on Sept. 10 amid chaotic protests by opposition lawmakers in the lower House of Commons on the banks of London’s River Thames.

Lawmakers will not sit again until Oct. 14, just over a fortnight before Britain is set to leave the EU, with Johnson promising that will happen with or without a deal with the bloc.

Critics say he wants to stymie parliament where a majority do not support a no-deal Brexit. Johnson says he merely wants to introduce a new legislative agenda and parliament would be off for most of the intervening time anyway.

Thrust into this Brexit maelstrom, Hale has insisted her court is determining points of law, not politics.

“I must repeat that this case is not about when or on what terms the United Kingdom leaves the European Union,” she told the court as hearings finished on Thursday.

The case will show how far the Supreme Court’s judicial reach can go in Britain’s unwritten constitution, and to what extent the powers of the executive should be limited.

Sifting through legal precedence from cases and laws dating back hundreds of years, Johnson’s team argued judges should not interfere in politics and limit the prime minister’s use of prerogative powers - functions he carries out in the monarch’s name.

In this week’s hearings, however, some of the 11 justices on the court seemed more keen to know why the prime minister had not signed a witness statement with reasons for the suspension.

The 2016 Brexit referendum has divided Britain bitterly and the question of whether Johnson acted unlawfully has split its courts. Scotland’s top court declared his suspension of parliament illegal, but the High Court of England and Wales said it was a political issue and not one for judges.

When the courts in 2016 last trod into matters of such constitutional significance - whether the government needed parliament’s approval before triggering the formal EU divorce process - they drew the ire of Brexit-supporting newspapers.

“Enemies of the People,” said the Daily Mail headline above a photograph of three senior High Court judges after they ruled parliament’s approval was needed.

It was a decision backed by the Supreme Court, which has replaced the House of Lords, Britain’s upper parliamentary chamber, as the nation’s highest judicial body over criminal, civil and constitutional matters. Hale noted three lawyers arguing the Johnson case were themselves lords.


LEGAL PIONEER


She became Supreme Court president two years ago and is emblematic of its surprisingly modern face.

Unlike most contemporaries, Hale, brought up in northern England and educated at a state school, was an academic lawyer specialising in family and welfare issues and spent most of her career as a pioneer in her field.

When she became a High Court judge in 1994, she was the first to have done so having had a career as an academic and public servant rather than a practising courtroom lawyer.

She was Britain’s first female law lord in 2004 and until recently the top court’s only woman. Last year, she made a brief appearance on a TV cooking show MasterChef.

In a speech in May at Girton College, Cambridge, where she attended in the 1960s, graduating top of her class, she said a former senior judge had described her in his diaries as “a formidable, vigorous person with a strong agenda of her own”.

“What is this ‘Brenda agenda’ and why should voicing it arouse such feelings? It is, quite simply, the belief that women are equal to men and should enjoy the same rights and freedoms that they do,” she said.

“So why is that ‘an agenda’? Quite simply, because we have not yet achieved the equality we seek in the law, let alone in life.”

Not shy about promoting equal rights for women and greater diversity in the judiciary, Hale’s reforms of divorce and child law have led to her being singled out.

“The Marriage Wrecker”, one Daily Mail columnist described her as in a 2003 article, criticising her views on gay partnerships, heterosexual cohabitation and divorce.

Whatever she and her 10 colleagues decide next week, Hale may once again take some heat.

Newsletter

Related Articles

0:00
0:00
Close
World Cup Visitors Turn American Big-Box Stores Into Souvenir Stops
Netflix Weighs Always-On Channels, Bundles and Short-Form Video
Passenger Is Pulled Partly Outside Ryanair Jet After Window Fails Mid-Flight
Innovation-led growth strategy
Public service reform pressure
Defence and industrial security
Labour leadership transition and economic reset
Northern England Pushes for Greater Influence in Britain’s Future Economic Model
UK Technology Strategy Focuses on Life Sciences, Digital Innovation and Research Investment
Britain and United States Maintain Focus on Pharmaceuticals Cooperation and Industrial Growth
UK Public Services Face Continued Pressure as Government Promises Visible Improvements
Regional Economic Power Becomes Key Theme in Britain’s Next Political Phase
Britain Expands Support for Small Businesses as Firms Seek Better Access to Finance
UK Economy Remains Central Political Challenge as Cost of Living and Growth Concerns Persist
National Health Service Introduces New Workplace Reviews to Improve Conditions for Healthcare Staff
UK Life Sciences Sector Secures More Than Three Billion Pounds in Investment to Support Innovation
Britain Strengthens Defence Strategy as Security Concerns Reshape Military and Industrial Policy
Andy Burnham Promises Stronger UK Defence Industry and Expanded Domestic Production
UK Government Faces Difficult Spending Choices as Labour Leadership Transition Approaches
Rachel Reeves Warns Andy Burnham of Immediate Economic Challenges After Expected Leadership Change
Andy Burnham Prepares to Lead UK Government With Plans for Regional Power Shift and Economic Reset
Government Creates Emergency Support Scheme for Financially Struggling Universities
United Kingdom Replaces Traditional Farm Subsidies With Payments Linked to Environmental Performance
National Grid Reports First Week of Electricity Generation Without Fossil Fuels
United Kingdom Financial Regulator Introduces Tougher Capital Rules for Cryptocurrency Exchanges
Belfast Harbour Expands Operations to Attract Investment Through United Kingdom and European Union Market Access
Scottish Government Threatens Legal Challenge Over Westminster Cuts to North Sea Transition Funding
United Kingdom Accelerates Trans-Pennine High-Speed Rail Project Linking Northern Cities
United Kingdom Secures Ten Billion Pound Investment for Cambridge Quantum Computing Campus
Port Talbot Steelworks Wins Support for Green Hydrogen Transition and Protection of Industrial Jobs
United Kingdom Sends Royal Navy Carrier Strike Group to Indo-Pacific as Regional Security Focus Expands
National Health Service Expands Artificial Intelligence Diagnostics Across England to Reduce Screening Backlogs
United Kingdom Launches Fifty Billion Pound Infrastructure Fund to Accelerate Housing and Construction
UK Medical Chiefs Update Health Guidance to Promote Everyday Physical Activity
Office of Communications Keeps Wikipedia Under Review Under UK Online Safety Rules
UK Defence Ministry Expands Deep-Strike Capability Through Precision Missile Programme
Russell Group Universities Warn Funding Cuts Could Damage NHS Workforce Training
UK Parliament Calls for National Emergency Broadcast as Heatwave Conditions Intensify
UK and Netherlands Strengthen Naval Cooperation With New Amphibious Defence Partnership
UK Defence Ministry Joins International Missile Programme With One Hundred and Ninety Million Pound Investment
Bank of England Warns Middle East Conflict and AI Risks Could Pressure UK Economy
UK Government Introduces New Rules to Limit Foreign Influence in Political Donations
UK and France Prepare Naval Mission to Protect Shipping Through Strait of Hormuz
United States Pressures UK to Increase Defence Spending at NATO Summit
Bank of England Warns Artificial Intelligence Investment Boom Could Create Financial Stability Risks
Bank of England Begins Direct Oversight of Critical Technology Providers Supporting UK Finance
Andy Burnham Set to Become UK Prime Minister After Labour Leadership Race Clears Path to Downing Street
Scottish Fishing Industry Calls for Emergency Support Amid Rising Costs
UK Supports Stronger European Response to Russian Actions in Ukraine
Devon and Cornwall Police Release Suspect in Ann Widdecombe Murder Investigation
×