Who’s on the Supreme Court

Ordinarily, the Supreme Court sits in panels of no more than nine. All 11 justices will hear the government’s appeal, to avoid any suggestion that the composition of the panel might make a difference to the outcome. Caution is understandable: judges differ in philosophy, temperament and in how they understand their role.

Lord Neuberger has been the court’s president since 2012. He has denied that the UK has a (proper) constitution and asserted that joining the European Convention on Human Rights has been a journey from ‘the dark ages’ to ‘the age of enlightenment’. In Nicklinson, two years ago, he was willing to extend human rights law to try to force change in the law of assisted suicide. In the end he held back, preferring to try to nudge Parliament. But his reasoning suggests a willingness to stretch the law if it can be rationalised that Parliament still has the last word.