What is happening in the UK? It's heartbreaking and scary.
Also they thought they were changing the meaning of sex in the sex discrimination act, said so in the explanatory notes, but actually forgot to do this.
Whereas, I find it quite plausible that judges brought their liberal and anti-Brexit biases into the courtroom, and used the space that law gave them to craft rulings that reflect their principles. I just happen to agree with them.
Yes, and until recently I thought Corbett v Corbett was famous for the same reason. It's very hard to find an explicit defense of it in the journals, even going back a few decades.
I wonder if it's some sort of Brexit/Miller 1 and 2 hangover. People are really attached to the idea that senior judges could *never* bring political biases into the courtroom.
And part of the point of the ruling in FWS is that they thought the statute should be readable for laypeople. They have failed according to their own standards.
To be fair they do say that it's for parliament to work out. But the big point is that they treat law as a fine art that it would be impossible for mere laypeople to understand. In England you can qualify with a year or two's training.