One of the great bulwarks of a democracy is an independent judiciary, which acts as the ultimate defender of liberty because the judges are free from political control. In Britain and Europe, however, something very alarming has taken place. The judges are increasingly becoming a positive threat to liberty because they have usurped the political process. As a result, they are straying — no, actually marching with banners flying and drums beating — into territory which should lie well beyond their remit. In recent days, there have been two such outrageous court rulings. The European Court of Justice, the judicial...