In normal politics, London would be backing Edwin Poots in the courts over internal UK checks

Politics is a complex process but in a normal governing environment, it is elected political leaders who should have the final say on policy such as Brexit or the Northern Ireland Protocol.

That does not mean politicians have unfettered control of events. They act within parameters of laws,above all constrained by foundational documents enforced by the UK Supreme Court, or in America the US one.

The courts in the UK have become powerful in ways that affect policy making, for example in the use of judicial review to overturn ministerial decisions. The Conservative Party has been rightly concerned about this in recent years, as have other observers such as legal academics.

Northern Ireland is by no means exempt from the use of the courts to constrain policy making. In fact there is a very lively recourse to the courts to challenge ministers.

There have been all sorts of ironies in the legal tussles over the Irish Sea border. The government was last year arguing in defence of its right to impliedly repeal part of the Act of Union, then shelved that defence of the protocol while its own opposition to the measure grew.

Edwin Poots has suspended port checks on the basis of strong legal advice of their illegality and yet now a court has suspended his suspension. Mr Poots was right to cease to facilitate the setting aside of the UK constitutional framework to facilitate an internal UK trade barrier.

In a normal situation, London would be right behind him.

——— ———

A message from the Editor:

Thank you for reading this story on our website. While I have your attention, I also have an important request to make of you.

With the coronavirus lockdowns having had a major impact on many of our advertisers — and consequently the revenue we receive — we are more reliant than ever on you taking out a digital subscription.

Subscribe to newsletter.co.uk and enjoy unlimited access to the best Northern Ireland and UK news and information online and on our app. With a digital subscription, you can read more than 5 articles, see fewer ads, enjoy faster load times, and get access to exclusive newsletters and content.

Visit

https://www.newsletter.co.uk/subscriptions

now to sign up.

Our journalism costs money and we rely on advertising, print and digital revenues to help to support them. By supporting us, we are able to support you in providing trusted, fact-checked content for this website.

Ben Lowry, Editor