Why Boris Johnson’s changes to courts after Brexit could affect your job

It may seem obscure but the impact could be hugely significant, writes Sean O'Grady

Boris Johnson during the swearing in of parliament (PA)

Obscure and dry as it might seem, the government’s proposal to permit lower British courts to overrule existing case law set by the European Court of Justice will have some far-reaching consequences.

Under the present law, as passed under Theresa May’s premiership, only the UK Supreme Court will be able to strike out or uphold European case law after Brexit. This was part of the plan to ensure a smooth transposition of laws that referred to or were made by European entities finding their way onto the British statute book post-Brexit – and thus ensuring that Britain did not become, in crucial areas, literally lawless.

The arrangements for transposing regulations and statute law will go ahead. But not what might be termed “judge-made law”, where the interpretation of a state by the European Court has the same force as an EU law or directive.