What We're Reading: Enemies of the People?
Enemies of the People? How Judges Shape Society by Joshua Rozenberg
Joshua Rozenberg’s Enemies of the People? is exactly the book you should be reading right now. In what seems an increasingly legalised world Rozenberg looks at one of the most debated legal questions; what is the role of judges in making law?
Refreshingly, in the very first chapter, Rozenberg concedes to the common legal ‘fairytale’ that judges do not make law, and provides the reader with a plethora of sources and quotes from legal minds around the world to both support and dismiss the assertion. Indeed, his use of cases, references and quotes is a good indicator of the wealth of information provided in the rest of the book (so there is no lack of further reading).
The book is, of course, responding to the polemical headline, ‘Enemies of the People’ featured in the Daily Mail following the judgement by the High Court that Brexit could not be triggered without Parliament’s approval. Enemies of the People? will force you to evaluate your views on the role of judges and decide on where the line is drawn between simply adjudicating and legislating. Ultimately, Rozenberg puts it perfectly when he writes that:
“If the public really believe that judges are enemies of the people, democracy itself will come under threat.”
The book evaluates key cases in the last century, where the judiciary has arguably created new law. The author invites the reader to reflect on the case and how they would decide the matter given all the pertinent facts. A particularly interesting recurring exchange takes place between Rozenberg and former Lord Justice, Lord Sumption, with the author taking the position that judges are right to create laws to a degree and the latter arguing against. This Provides an almost conversational element to the book and helps to present the legal discourse in a more easily digestible manner.
For any former Law student, the book may well act as a welcome reminder of many of the integral cases to a Law degree, from Wednesbury Unreasonableness to S4 declarations of incompatibility. The difference, of course, is that here cases are presented in an entertaining, informative and often witty way. In this way, Enemies of the People? makes for excellent prep for anyone looking to study Law at university. Moreover, as a member of Leducate, it is rewarding to see the regular inclusion of Leducate’s patron Lord Neuberger, providing a balanced and reasoned judgement in many of the cases referred to.
This book is by no means a light read, but it is certainly a worthy read. Whilst it tackles some complex legal issues, it does so in a surprisingly accessible way, making it suitable for anyone with an interest in the area, not just legal professionals. There is a difficult line to be found in writing an informative legal read, whilst keeping the book interesting for all readers. Bingham’s Rule of Law is a good example and Enemies of the People? is now another.
Written by Kieran Pereira