For the first half of this century, High Court judges have been cautious to the point of timidity in expressing any criticism of governmental action; the independence of the judiciary has been of a decidedly subordinate character.

In this quote, Ferdinand Mount critiques the historical behavior of High Court judges, particularly in the first half of the 20th century, suggesting that they were overly cautious and hesitant to criticize governmental action. He argues that the independence of the judiciary during this period was subordinate to government authority, meaning that judges often refrained from challenging government decisions or asserting their autonomy in cases where it might conflict with government policies or actions. Mount’s statement highlights a period of judicial restraint where the courts did not fully exercise their power to provide checks and balances on the government.

The origin of this observation is rooted in Mount’s analysis of the relationship between the judiciary and government during the 20th century, especially in the context of British political and legal systems. The period Mount refers to was marked by a generally conservative approach to judicial independence, with judges typically adopting a more cautious stance in dealing with cases that could challenge the authority of the government. This period of judicial restraint, according to Mount, saw judges more focused on maintaining a harmonious relationship with government powers rather than acting as a strong counterweight to them.

Mount’s use of the term "subordinate character" suggests that the judiciary was not fully autonomous, but instead, its actions were often in alignment with or deferred to government interests. This highlights a time when the judiciary may have lacked the assertiveness needed to uphold the principles of independence and accountability, particularly when it came to confronting powerful government actions or policies. Such a judiciary might have been seen as unable to fulfill its role as an independent check on power.

The quote reflects a broader critique of the evolution of judicial independence and the need for a more assertive judiciary in upholding the rule of law and challenging overreach by the government. Mount’s words suggest that the role of judges should not merely be to passively uphold governmental decisions but to be active defenders of the law and individual rights, ensuring that government actions do not violate the principles of justice and fairness.