Do judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views?
When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people.
But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just 'a blank piece of paper'.
Joshua Rozenberg, Britain's best-known commentator on the law, asks how judges can maintain public confidence while making hard choices.