Letters: We must grasp the dangers of cannabis before it’s too late

On judging the judges

Sir: The spectacle of judges questioning essentially political decisions is not an edifying one. But we should be slow to dismiss the importance of the role of judicial review. Dr Ekins is justifiably troubled by the escalation of appeals to the Supreme Court in politically sensitive terrain. (‘Judgment day: the danger of courts taking over politics’, 21 September), but there are a number of positive features of this always contentious activity.

First, it is the proper responsibility of the judiciary to determine the moral principles which underpin our law and to apply them as they do the law itself. Secondly, judicial review is a powerful check on the tyranny of the majority. And thirdly, it is fundamental to the protection of individual rights and the defence of the integrity of our law and legal system.

Of course, while parliament enjoys democratic legitimacy, unelected judges do not. Nevertheless, once a matter is recognised as constitutional, and hence ultimately to be resolved by judges invoking general constitutional principles, it is likely to enhance the character of public debate. Moreover, as the attraction to ordinary people of the live television transmission illustrates, the community can profitably be engaged in a matter that affects us all.

Happily, our Supreme Court lacks the power of its American counterpart to strike down legislation, but I had hoped that in deciding this appeal it would shrink from encroaching on matters that are the preserve of the executive. Yet we should not allow our disquiet about its intervention in this particular case to demean its constructive role in our democracy.
Professor Raymond Wacks

Emeritus Professor of law and legal theory, Stamford, Lincs

Blame the cannabis lobby

Sir: Mary Wakefield (‘Have you heard the screaming in the street?’, 21 September) recalls, as a child, being reassured by adults about crazy street behaviour with the words ‘Don’t worry, he’s just a junkie’.