Miller and the media: Supreme Court judgement generates more measured response

img_4218In this post Ailsa McNeil presents the findings of an analysis of newspaper coverage of the High Court and Supreme Court rulings in the Article 50 case. It shows that whilst the High Court judges faced an onslaught of criticism from Brexit-supporting newspapers the reaction to the Supreme Court judgement was more measured. Two factors can explain this: the fact the prospect of parliament delaying the triggering of Article 50 appeared remote by the time the Supreme Court delivered their verdict and the widespread condemnation of some of the coverage of the High Court judgement.

The reaction from some newspapers to November’s High Court ruling provoked almost as much controversy as the decision itself. The judges, branded ‘Enemies of the people’ (Daily Mail, 4 Nov 2016), faced an onslaught of criticism, which knew no bounds. The attacks were personal, vicious and an affront to the rule of law. Although the coverage of the Supreme Court decision was less hostile, some newspapers continued to admonish the judiciary.

We analysed the editorials published on the day following the decisions, 4 November 2016 and 25 January 2017 respectively, in five broadsheets (The Guardian, The Independent, The Financial Times, The Daily Telegraph and The Times) and five tabloids (The Daily Mail, The Daily Mirror, The Sun, The Daily Star and The Daily Express). Where the publication lacked an opinion piece, we used the closest equivalent, usually written by the political editor.

For each, we considered several questions: whether the article was critical or supportive of the judgement; whether it condemned the judges, or if the commentary was likely to decrease trust in the judiciary. Finally, we asked if the editorial breached the Attorney General’s guidelines for contempt of court.

Of the editorials that were critical of the High Court ruling, two published articles that spoke about the judges in terms that we considered would decrease a readers trust in the judiciary. The Daily Mail was quick to question the independence of the ‘unelected’ High Court judges. The article made several statements which suggested the decision was not made impartially. This tone was echoed in the Daily Express. Explicit criticism of the courts, with judges being criticised as out of touch, or too lenient in their sentencing, is not unusual. However, the severity of the criticism this time was unprecedented, as was the outrage that the media coverage generated amongst defenders of judicial independence and the rule of law.

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Party conferences and Brexit

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Party conference season presented an opportunity for each of the political parties to set out their responses to the EU referendum result. Unsurprisingly, there were major differences between their respective visions for the post-Brexit landscape. Whilst the Liberal Democrat and Green leaders called for a second EU referendum, and the SNP promised a draft bill for a second independence referendum, at the Conservative conference the Prime Minister vowed to ‘get on with the job’ of negotiating Brexit. Ailsa McNeil offers an overview.

Following a long summer of uncertainty, with only Theresa May’s vague and much repeated statement that ‘Brexit means Brexit’ offering any semblance of clarity, conference season was a chance for Britain’s political parties to outline their post-referendum strategy. Of the main UK-wide parties the Greens were first to hold their conference, from 2–4 September, followed by UKIP on 16 and 17 September and the Liberal Democrats from 17–20 September. Labour’s conference was held in Liverpool from 25–28 September, whilst the Conservatives gathered in Birmingham from 2–5 October. Finally, the SNP conference took place in Glasgow from 13–15 October.

Conservative

Brexit dominated the Conservative conference. As well as the usual party leader’s speech to close the conference, Prime Minister Theresa May also delivered a speech focused on Brexit on the opening day.  She firmly dismissed the demands for a second referendum and promised to ‘get on with the job’ of negotiating Britain’s exit from the EU, pledging to invoke Article 50 by the end of March 2017.

In defiance of a legal challenge aiming to prevent the government from triggering Article 50 without parliament’s consent and of a large number of MPs and peers who have called for a parliamentary vote, the Prime Minister told the conference that it is ‘up to the government to trigger Article 50 and the government alone’. Although not unexpected –  in August she indicated that no parliamentary vote would be held – May’s stance is at odds with a considerable body of legal opinion, contending that such a move would both expand the royal prerogative arbitrarily and subvert parliamentary democracy (by undermining the express intention of the legislature, as expressed in the European Communities Act 1972).

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