Lord Thomas Addresses AUWCL Students on Independence and Impartiality of the Judiciary
Oct. 22, 2018
On Monday, Oct. 22, Lord Thomas of Cwmgiedd addressed students at American University Washington College of Law during his talk, "Maintaining the Ability to Do Justice to All Manner of People."
Lord Thomas expressed his concerns of a growing trend in Europe of governments interfering with the judiciary. For Lord Thomas, examples such as Poland and the United Kingdom demonstrate how in recent years governments tried to interfere with the tasks of the judiciary, and occasionally even changed the legal and constitutional regime under which the judiciary works. These trends demand a firm response from judges, standing by their principles of independence and impartiality, he said.
Lord Thomas is known for his role in the so-called Article 50 court case (R (Miller) v. Secretary of State for Exiting the European Union), challenging the Brexit vote. As a member of the divisional court of the High Court hearing this case, he was instrumental in granting the challenge—later confirmed by the Supreme Court—demanding that Prime Minister Theresa May pass an act of parliament as a prerequisite to trigger Britain’s denunciation of the Treaty on European Union. The British press presented Lord Thomas, together with his co-judges, dismissively as Enemies of the People, as the judges’ decision seemed to have curtailed the popular verdict in favor of Brexit.
In his remarks to AUWCL students on the independence and impartiality of the judiciary, he reiterated that public criticism of the judiciary should be done with caution and respect.
Lord Thomas studied law at Trinity Hall, Cambridge and the University of Chicago Law School. He practiced at the Commercial Bar in London from 1972 to 1996, becoming a QC in 1984. He was appointed to the High Court of England and Wales in 1996. He was successively a Presiding Judge in Wales, Judge in Charge of the Commercial Court, the Senior Presiding Judge for England and Wales, a Lord Justice of Appeal, President of the Queen’s Bench Division and Lord Chief Justice of England and Wales (2013 - 2017). He was a founder of the European Network of Councils for the Judiciary and its President from 2008-2010, and is currently Chairman of the Commission on Justice in Wales, Chairman of the London Financial Markets Law Committee and sits in the House of Lords. He has returned to Essex Court Chambers where he practices as an arbitrator. He is Chancellor of the Aberystwyth University and is a founder member of the European Law Institute and is currently a member of its Executive Committee.
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