The Judge as 'Political Advisor': Behind the Scenes at the National Industrial Relations Court

The recent opening under the 30-year rule of official papers concerning the Industrial Relations Act 1971 makes it possible to reappraise the conventional view of this short-lived statute and also more general implications of the process of policy making at a time of acute political crisis. The papers shed new light on the relationship between the government and the judiciary, in particular the President of the National Industrial Relations Court, Sir John Donaldson. They provide empirical evidence of how the judicial and political arms of government dealt with social and industrial upheavals and they prompt reflections on the nature of the separation of powers in the United Kingdom's constitutional arrangements. It is argued that, in examining the nature and extent of judicial independence, constitutional law scholars have hitherto concentrated on executive influence on the judiciary and tended to ignore the extent to which judges may secretly influence politicians.