This is because several factors have created a “climate” in which judges may eventually come to declare legislation “unconstitutional”. These factors include the Human Rights Act 1998, EU law and a greater use of judicial review.

Lord Neuberger, who became the Master of the Rolls last year, hit the headlines in September 2009 when he warned there was a danger of the new Supreme Court Justices “arrogating to themselves greater powers than they have at the moment”.