It seems the Labour government – like the Tories before them – believes ministers, not judges, must be the final arbiters of the law.
The government is continuing to push anti-protest measures already ruled unlawful by two courts, prompting this question: if politicians can override court rulings whenever it’s convenient for them, why have courts at all?
This isn’t a minor legal disagreement. It’s a direct challenge to the rule of law – the foundational principle that even governments must obey legal limits.
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Twice now, UK courts have ruled that the former Tory government acted unlawfully when it expanded police powers over public protests by redefining “serious disruption” as merely “more than minor.”
This gave police vast new authority to arrest people for protest actions previously considered legal – and Parliament had already rejected the idea.
Yet ministers, under both Suella Braverman and her successors, pressed ahead anyway.
Now, the Court of Appeal has reaffirmed what civil liberties campaigners have said all along: that the government cannot unilaterally rewrite the law simply because it didn’t have its way in Parliament.
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This matters because it’s not just a theoretical power grab. People have already been jailed under this overreach.
Climate protesters from groups like Just Stop Oil and Insulate Britain have received prison sentences for blocking roads or staging slow marches—tactics that have long been part of the UK’s rich protest tradition.
Under the new definition of “serious disruption,” those same actions suddenly became criminal on a much larger scale.
Police were able to arrest, detain, and charge people far more aggressively, simply because ministers had moved the goalposts.
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Similarly, pro-Palestine demonstrators—especially in the wake of Israel’s war on Gaza—have faced mounting pressure, surveillance, and threats of crackdown under these new rules.
The Home Office had signalled a desire to curtail these protests, using public order as a pretext.
That desire is now bumping up against the courts’ clear insistence that the government cannot just make it up as it goes along.
The Liberty legal team, which brought the challenge, rightly called the judgment a victory for democracy.
But it leaves an uncomfortable question hanging: will the government accept the limits imposed by the law, or simply try again by another route?
Labour, now in government, seems determined to continue to challenge the courts’ rulings, although no decision on whether the Appeal Court’s decision will be taken higher or fresh legislation will be introduced has yet been announced.
The courts should be heeded and the expansion of police powers should be scrapped.
Help fund great articles! We’re aiming for £50 to cover research and reporting time this week.
Can you chip in £3 today?
👉 https://ko-fi.com/voxpolitical
Let’s be honest: this isn’t about protest being “too disruptive.”
It’s about protest being politically inconvenient.
And a government that fears protest fears accountability.
The judiciary exists to ensure that no government—no matter its party colour—can suppress dissent through brute force and legal sleight of hand.
The court has spoken.
Now the government must decide whether it still believes in the rule of law, or only in the rule of ministers.
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The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:
Government’s push on protest signals dangerous disregard for rule of law
It seems the Labour government – like the Tories before them – believes ministers, not judges, must be the final arbiters of the law.
The government is continuing to push anti-protest measures already ruled unlawful by two courts, prompting this question: if politicians can override court rulings whenever it’s convenient for them, why have courts at all?
This isn’t a minor legal disagreement. It’s a direct challenge to the rule of law – the foundational principle that even governments must obey legal limits.
Help fund great articles! We’re aiming for £50 to cover research and reporting time this week.
Can you chip in £3 today?
👉 https://ko-fi.com/voxpolitical
Twice now, UK courts have ruled that the former Tory government acted unlawfully when it expanded police powers over public protests by redefining “serious disruption” as merely “more than minor.”
This gave police vast new authority to arrest people for protest actions previously considered legal – and Parliament had already rejected the idea.
Yet ministers, under both Suella Braverman and her successors, pressed ahead anyway.
Now, the Court of Appeal has reaffirmed what civil liberties campaigners have said all along: that the government cannot unilaterally rewrite the law simply because it didn’t have its way in Parliament.
Buy Cruel Britannia in print here. Buy the Cruel Britannia ebook here. Or just click on the image!
This matters because it’s not just a theoretical power grab. People have already been jailed under this overreach.
Climate protesters from groups like Just Stop Oil and Insulate Britain have received prison sentences for blocking roads or staging slow marches—tactics that have long been part of the UK’s rich protest tradition.
Under the new definition of “serious disruption,” those same actions suddenly became criminal on a much larger scale.
Police were able to arrest, detain, and charge people far more aggressively, simply because ministers had moved the goalposts.
Get my free guide: “10 Political Lies You Were Sold This Decade” — just subscribe to our email list here:
👉 https://voxpoliticalonline.com
Similarly, pro-Palestine demonstrators—especially in the wake of Israel’s war on Gaza—have faced mounting pressure, surveillance, and threats of crackdown under these new rules.
The Home Office had signalled a desire to curtail these protests, using public order as a pretext.
That desire is now bumping up against the courts’ clear insistence that the government cannot just make it up as it goes along.
The Liberty legal team, which brought the challenge, rightly called the judgment a victory for democracy.
But it leaves an uncomfortable question hanging: will the government accept the limits imposed by the law, or simply try again by another route?
Labour, now in government, seems determined to continue to challenge the courts’ rulings, although no decision on whether the Appeal Court’s decision will be taken higher or fresh legislation will be introduced has yet been announced.
The courts should be heeded and the expansion of police powers should be scrapped.
Help fund great articles! We’re aiming for £50 to cover research and reporting time this week.
Can you chip in £3 today?
👉 https://ko-fi.com/voxpolitical
Let’s be honest: this isn’t about protest being “too disruptive.”
It’s about protest being politically inconvenient.
And a government that fears protest fears accountability.
The judiciary exists to ensure that no government—no matter its party colour—can suppress dissent through brute force and legal sleight of hand.
The court has spoken.
Now the government must decide whether it still believes in the rule of law, or only in the rule of ministers.
Vox Political needs your help!
If you want to support this site
(but don’t want to give your money to advertisers)
you can make a one-off donation here:
Be among the first to know what’s going on! Here are the ways to manage it:
1) Register with us by clicking on ‘Subscribe’ (bottom right of the home page). You can then receive notifications of every new article that is posted here.
2) Follow VP on Twitter @VoxPolitical
3) Like the Facebook page at https://www.facebook.com/VoxPolitical/
Join the Vox Political Facebook page.
4) You could even make Vox Political your homepage at http://voxpoliticalonline.com
5) Follow Vox Political writer Mike Sivier on BlueSky
6) Join the MeWe page at https://mewe.com/p-front/voxpolitical
7) Feel free to comment!
And do share with your family and friends – so they don’t miss out!
If you have appreciated this article, don’t forget to share it using the buttons at the bottom of this page. Politics is about everybody – so let’s try to get everybody involved!
Buy Vox Political books so we can continue
fighting for the facts.
Cruel Britannia is available
in either print or eBook format here:
The Livingstone Presumption is available
in either print or eBook format here:
Health Warning: Government! is now available
in either print or eBook format here:
The first collection, Strong Words and Hard Times,
is still available in either print or eBook format here:
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