Lady Chief Justice advises reformers to learn from history before rushing into changes
In a lecture delivered at Pembroke College, Oxford, Lady Chief Justice Carr cautioned political reformers on the importance of thoughtful and deliberate constitutional changes. Her Blackstone Lecture, entitled The Constitutional Reform Act – 20 years on, explored the contrasting approaches to reform by past and present governments, highlighting the importance of careful deliberation when making systemic changes to the judicial system.
Lady Carr focused on the difference between the ‘ad-hocery’ of the reforms introduced by the Blair government in the early 2000s, which created the Supreme Court and modernized the office of the lord chancellor, and the more considered and systematic approach of the Victorian government in establishing the modern courts system. While acknowledging that the reforms of the Blair government have held up, Lady Carr pointed out that some concerns have been raised about the true constitutional impact of those changes.
Embed from Getty Images
To illustrate her point, Lady Carr referred to the Judicature Acts of 1873 to 1875, which merged several historical courts to form the High Court of Justice and the Court of Appeal. This sweeping reform, which followed years of deliberation by Royal Commissions, aimed to simplify the courts system, reducing cost, delay, and complexity—issues that still resonate today. She noted, “The Victorian approach was anything but ad-hoc,” emphasizing that their reforms were based on a clear vision to improve access to justice and create a more efficient judiciary.
While not overtly criticizing the Blair reforms, Lady Carr’s lecture subtly contrasted the haste of those changes with the methodical, long-term planning behind the Victorian judicial restructuring. She stressed that, while governments should not shy away from making significant changes when needed, such reforms must be preceded by considered deliberation. She added that reform proposals should begin with a clear identification of the issues that need to be addressed and a structured exploration of possible solutions.
Lady Carr’s speech indirectly responded to current proposals from political groups such as Reform UK, who have suggested a comprehensive rollback of the Blair reforms through a new “reset bill.” While not directly engaging with the political debate, Lady Carr made clear that reforms should follow a thorough examination of the issues and be guided by a clear, overarching objective, rather than being rushed through for political expediency.
She concluded, “What this perhaps should tell us is that we should be bolder in our approach to reform. The time may have come for us to think about rationalizing the governance and organization of the judiciary to take account of modern conditions.”