La Belgique est-elle toujours un paradis fiscal ?

Source: – By Paolo Mazza, Associate Professor of Finance, LEM-CNRS 9221, IÉSEG School of Management

Les actifs potentiellement taxés : actions cotées et non cotées, obligations, produits dérivés, fonds d’investissement et fonds négociés en bourse (ETF), contrats d’assurance épargne, contrats d’assurance placement, cryptomonnaies, devises… et l’or. Max.ku/Shutterstock

Le 1er janvier 2026, la Belgique taxera de 10 % les plus-values d’actifs financiers tels que les actions, les obligations, les assurances-épargne, l’or ou les cryptomonnaies. La fin d’une ère où les riches contribuables affluaient massivement vers le Plat pays ?


La Belgique est à un tournant historique. Le pays, longtemps considéré comme un quasi-paradis fiscal en raison de l’absence de taxation des plus-values sur actions, s’apprête à instaurer un impôt sur ces gains. Cette taxe de 10 % sur les plus-values d’actifs financiers entre en vigueur le 1er janvier 2026.

Derrière la volonté affichée de justice fiscale, ce changement majeur soulève de nombreuses interrogations sur ses implications économiques et financières. Plusieurs chercheurs belges, dont le professeur de finance Georges Hübner et l’économiste Bruno Colmant, ont mis en garde contre une série d’effets secondaires. Ces derniers peuvent freiner le développement du marché boursier, pénaliser les épargnants, et nuire à l’investissement productif.

Cette réforme intervient dans un contexte international où la taxation du patrimoine progresse, même dans des économies traditionnellement libérales. Alors quels seront les effets économiques concrets d’une telle mesure ?

Réforme historique en Belgique

Depuis des décennies, la taxation des plus-values figure régulièrement parmi les projets de réforme fiscale en Belgique. Malgré l’évolution des majorités gouvernementales, aucune mesure n’avait jusqu’ici abouti. Ce statu quo s’explique par plusieurs facteurs : volonté de maintenir l’attractivité du pays pour les capitaux, difficulté de mettre en œuvre une taxation efficace et crainte d’effets négatifs sur l’économie réelle.

Le projet de loi prévoit une taxe de 10 % sur les plus-values d’actifs financiers tels que les actions cotées et non cotées, les obligations, les instruments du marché monétaire, les produits dérivés, les fonds d’investissement et les fonds négociés en bourse (ETF). Elle concerne également les contrats d’assurance épargne et les contrats d’assurance placement, ainsi que les crypto-monnaies, les devises et l’or. La taxe entrerait en vigueur le 1er janvier 2026.


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Une exonération générale de 10 000 euros est prévue. Les actionnaires détenant au moins 20 % d’une entreprise bénéficieront d’un traitement spécifique : un taux progressif par tranche allant de 1,25 % à 10 %, après exonération d’une première tranche d’un million d’euros. Une exonération totale sera prévue après dix ans de détention des actifs. Les banques prélèveront une taxe à… la source.

Moins de liquidité sur les marchés

L’une des conséquences les plus documentées de la taxation des plus-values est la réduction de la liquidité des marchés. Ce phénomène, connu sous le nom d’« effet lock-in » a été analysé, notamment par les économistes Feldstein, Slemrod et Yitzhaki. Ils soulignent que la taxation des plus-values entraîne une diminution significative du volume de transactions sur les marchés boursiers. Lorsque la vente d’un actif déclenche un événement fiscal, les investisseurs sont incités à conserver leurs titres plus longtemps pour éviter d’avoir à payer l’impôt.

En Belgique, la Bourse de Bruxelles souffre d’une faible liquidité relative par rapport à ses homologues européennes. Un tel bouleversement réglementaire pourrait être dommageable. Une moindre liquidité réduit l’incitation des entreprises à se financer via des introductions en bourse (IPO), au détriment de l’innovation et de la croissance économique.

Alourdissement administratif

L’instauration d’une taxe sur les plus-values d’actifs financiers suppose de suivre avec précision leur prix d’acquisition, leur durée de détention et les éventuelles pertes. Imposer une taxation aussi complexe risque d’accroître considérablement la charge administrative, tant pour les particuliers que pour l’État, puiqueque toutes les transactions doivent être précisément documentées.

Jan Jambon, Vice-premier ministre de Belgique Ministre des Finances et des Pensions chargé de la Loterie nationale et des Institutions culturelles fédérales
La proposition de texte a été proposé par Jan Jambon, vice-premier ministre de Belgique, ministre des finances et des pensions.
AlexandrosMichailidis/Shutterstock

En pratique, le traitement d’opérations complexe – splits, fusions, rachats, pertes reportées – pourraient multiplier les litiges fiscaux, notamment pour les titres non cotés, où la valorisation objective est difficile. En 2023, en Belgique, il y a eu près de 20 000 litiges fiscaux portés devant les tribunaux, dont près de 15 000 étaient reportés de l’année précédente et près de 17 000 toujours en cours à la fin 2023.

Le calcul de la période de détention poserait aussi un problème majeur puisqu’il est question d’une exonération pour la détention de plus de dix ans. Quelle méthode de valorisation serait utilisée ? First-in-first-out (FIFO) ? Last-in-first-out (LIFO) ? Autant de questions auxquelles le projet actuel de loi ne répond guère. Dans la première approche, les plus-values seraient calculées sur la base du prix du premier achat de l’actif. Dans la seconde approche Last-in-first-out (LIFO), sur la base du dernier achat de l’actif. Si l’investisseur a acheté de manière régulière le titre, ce prix initial pourrait être largement désavantageux. Dans ce cadre, une approche pondérée serait préférable.

Le casse-tête fiscal des cryptoactifs

La réforme entend également s’appliquer aux gains sur cryptoactifs. La taxation des plus-values dans cet univers volatile est complexe. Il serait difficile, voire impossible, pour un État de contrôler et d’évaluer correctement les transactions sur cryptoactifs, ouvrant la porte à l’arbitrage fiscal et à la sous-déclaration.




À lire aussi :
Bitcoin et cryptomonnaies en 2025 : opportunités ou dangers ?


Transmission d’entreprises familiales

Un autre risque souvent négligé concerne la transmission d’entreprises familiales. En Belgique, celles-ci représentent environ 70 % des PME. Elles possèdent un actif patrimonial important, mais peu de liquidités disponibles. D’où l’adage « Riches en actifs, pauvres en cash ».

La taxation des plus-values pourrait freiner les donations et successions d’entreprises, en imposant des coûts supplémentaires au moment du transfert. Hansmann dans The Ownership of Enterprise rappelle que les incitations fiscales jouent un rôle clé dans la pérennité des entreprises familiales. Une taxation immédiate des plus-values sur les actions non cotées, souvent difficile à valoriser objectivement, peut forcer les héritiers à vendre tout ou partie de l’entreprise pour payer l’impôt. Ce mécanisme est qualifié de « fiscalité destructrice ».

Et créer un effet domino : ventes forcées, délocalisations, absorptions par des groupes étrangers, etc.

Détournement vers l’immobilier

L’instauration d’une taxe sur les plus-values financières, sans réforme équivalente sur l’immobilier, risque de distordre la concurrence entre classes d’actifs. Les investisseurs pourraient être incités à privilégier l’immobilier locatif, déjà fiscalement favorisé, au détriment des actions et des investissements productifs. Comme le montre Thomas Piketty dans Capital in the Twenty-First Century, l’absence de fiscalité efficace sur le capital renforce la concentration des richesses.

Ce phénomène risque de ralentir encore davantage l’investissement en actions productives en Belgique, renforçant des tendances déjà observées ces dernières décennies. Il y a également un risque majeur de bulle immobilière sur le marché belge, si cette classe d’actif devenait le berceau d’un arbitrage anti-taxe.

Un alignement européen… au prix de l’attractivité ?

Le pari du gouvernement belge est risqué. En voulant taxer davantage les plus-values au nom de l’équité, il pourrait paradoxalement créer des effets secondaires négatifs : fragiliser la capacité des entreprises à se financer, appauvrir l’offre d’investissement pour les épargnants, moins de liquidité sur les marchés et pousser davantage de capitaux vers l’étranger ou vers des actifs moins productifs.

La taxation des plus-values sur actions représente un tournant majeur pour la Belgique, qui rompt avec une tradition d’attractivité fiscale. Si l’objectif de justice sociale est compréhensible, les conséquences économiques potentielles ne doivent pas être sous-estimées. Pour réussir cette réforme sans nuire à son économie, la Belgique devra soigneusement calibrer ses règles d’application et accepter de corriger rapidement ses erreurs si les premiers effets négatifs se font sentir.

The Conversation

Paolo Mazza ne travaille pas, ne conseille pas, ne possède pas de parts, ne reçoit pas de fonds d’une organisation qui pourrait tirer profit de cet article, et n’a déclaré aucune autre affiliation que son organisme de recherche.

ref. La Belgique est-elle toujours un paradis fiscal ? – https://theconversation.com/la-belgique-est-elle-toujours-un-paradis-fiscal-255279

From Scrooge to science: how dairy might disrupt your sleep and dreams

Source: The Conversation – UK – By Timothy Hearn, Senior Lecturer in Bioinformatics, Anglia Ruskin University

New Africa/Shutterstock

Ebenezer Scrooge tried to wave away the ghost of Jacob Marley by blaming the apparition on “an undigested bit of beef … a crumb of cheese”. Charles Dickens might have been writing fiction, but the idea that late-night dairy can warp dreams has now gained scientific support.

Researchers in Canada surveyed 1,082 university students about their eating habits, sleep patterns and dreams.  Remarkably, 40% reported that certain foods affected their sleep. Of that group, 20% blamed dairy – suggesting that Scrooge’s midnight cheese might have had more of an impact than he realised.

Just 5.5% believed food changed their dreams, but among those respondents dairy again loomed large, second only to sugary desserts as a perceived trigger for bizarre or disturbing dreams.

The researchers asked about everything from nightmare frequency to food allergies and intolerances. A clear pattern emerged: participants who reported lactose intolerance were significantly more likely to have frequent nightmares. And the link was strongest in people who also experienced bloating or cramps.


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Statistical modelling suggested the stomach distress partly explains the bad dreams. In other words, food that keeps the gut churning can also set the imagination spinning.

That gut–brain route makes physiological sense. Abdominal discomfort can jolt sleepers into lighter stages of sleep where vivid or negative dreams are most common. Inflammation and spikes in cortisol (a stress hormone) triggered by digestive upset may further shape the emotional tone of dreams, especially by amplifying anxiety or negativity.

Earlier work backs the idea. A 2015 survey of Canadian undergraduates found that nearly 18% linked what they ate to their dreams, with dairy the top suspect, while a 2022 online study of 436 dream enthusiasts reported that people who ate more sugary snacks remembered more nightmares.

The new study from Canada echoes a wider literature on diet and sleep. Diets rich in fibre, fruit and vegetables are associated with deeper, more refreshing sleep, whereas meals high in saturated fat and sugar predict lighter, more fragmented rest.

A man waking from a bad dream.
Stomach distress partly explains bad dreams.
Lysenko Andrii/Shutterstock

Eating late in the evening has been tied to poorer sleep quality and to an “evening chronotype” (that is, night owls), itself linked to nightmare frequency.

If future work confirms the cheese–nightmare connection, the implications could be practical. Nightmares affect about 4% of adults worldwide and are particularly common in post-traumatic stress disorder.

Drug treatments exist but carry side-effects. Adjusting the timing or composition of evening meals, or choosing low-lactose dairy options, would be a far cheaper, lower-risk intervention.

Gut-friendly diets such as the Mediterranean diet are already being explored for mood disorders; nightmares may be another frontier for nutritional psychiatry.

What the research can’t prove

That said, the new findings come with caveats. The sample was young, mostly healthy psychology students filling out online questionnaires. Food intake, lactose intolerance and nightmare frequency were all self-reported, so “recall biases” (inaccurate memory) or the power of suggestion could inflate the associations.

Only 59 participants believed food influenced their dreams, so small-number effects (unreliable results from too few data) are possible. And a survey can only reveal associations – it can’t prove that cheese causes bad dream.

Cheese keeps cropping up in nightmare stories, and people who struggle to digest dairy report the worst of it. Scientists still have to match meal diaries, gut clues and lab-monitored dreams to prove the link. In the meantime, try eating earlier or choosing low-lactose options. Your stomach – and your dreams – may calm down.

The Conversation

Timothy Hearn does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

ref. From Scrooge to science: how dairy might disrupt your sleep and dreams – https://theconversation.com/from-scrooge-to-science-how-dairy-might-disrupt-your-sleep-and-dreams-260328

Why the l-carnitine sport supplement is controversial

Source: The Conversation – UK – By Julia Haarhuis, PhD student – Food, Microbiomes and Health, Quadram Institute

Miljan Zivkovic/Shutterstock

Sport supplements are hard to get away from if you like to exercise regularly. Even if you’re not interested in them, there’s a good chance your gym will have posters extolling their virtues or your sporty friends will want to talk to you about them.

It can be hard to know what supplements to take as there is a lot of mixed information out there. L-carnitine is among the more controversial supplements. While there is evidence it supports muscle recovery and enhances exercise performance, research has also shown it can contribute to cardiovascular disease.

In a new study, my colleagues and I found it may be possible to counter the negative effects of l-cartinine by eating pomegranate with it.

First, it’s important to understand what l-carnitine is. Your body produces a small amount of l-carnitine naturally. This happens in the kidneys, liver and brain.

When l-carnitine was first identified in humans in 1952, it was thought to be a vitamin and it was referred to as vitamin BT. After years of research on this compound, l-carnitine is now considered a quasi-vitamin because for most people the human body can produce enough l-carnitine itself.


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L-carnitine can be bought as a dietary supplement, but the nutrient is also added to energy drinks and some protein powders by manufacturers to try and enhance the value of their products. Manufacturers normally clearly state it on the product if it contains l-carnitine – it’s not something a company will try to hide.

Some foods naturally contain l-carnitine, such as meat and in tiny amounts in dairy products. L-carnitine is not fed to livestock but it is present in muscle tissue. L-carnitine was first found in meat in 1905. It is for this reason that the name carnitine is derived from the Latin word carnis, meaning “of the flesh”.

Jar and scoop filled with powder against yellow background.
L-carnitine is sold in sport supplements.
9dream studio/Shutterstock

The harmful effects of l-carnitine supplements

It is not thought to be intrinsically harmful. Your gut microbes are to blame for the risks associated with l-carnitine.

Less than 20% of l-carnitine supplements can be taken in by the human body. The unabsorbed l-carnitine travels down the gastrointestinal tract and reaches the colon. The colon is home to trillions of microbes, including bacteria, viruses and fungi.

When the remaining 80% of the l-carnitine supplement arrives in the colon, the microbes start absorbing the nutrient and they use it to produce something else: trimethylamine (TMA). TMA is a compound the human body can efficiently absorb, and that is where the potentially harmful effects of l-carnitine supplements arise.

Once the body absorbs TMA, it goes to the liver via the blood stream. The liver converts TMA to trimethylamine N-oxide (TMAO). Research has shown that high levels of TMAO in the blood can contribute to cardiovascular disease.

For example, a research group at the Cleveland Clinic in the US gave human participants a nutrient similar to l-carnitine that is also converted into TMA by gut microbes. The researchers found that the nutrient caused an increased risk of thrombosis (blood clots) in their participants.

L-carnitine itself is a beneficial nutrient. When it is produced by our bodies, which happens in the kidneys, brain and liver, it’s not metabolised by the gut microbiota and isn’t converted to TMAO. Your body can absorb more l-carnitine from meat than from supplements, which makes it less harmful as that means less of it ends up in the colon.

Dietary intervention can reduce harmful effects

In my team’s lab at the Quadram Institute in Norwich, England, we simulated what happens when the l-carnitine supplement reaches the microbes in the colon. We fed a culture of gut microbes with l-carnitine and measured the TMA that the microbes produced.

Then, we fed a culture of gut microbes with l-carnitine together with a pomegranate extract, which is rich in polyphenols. Polyphenols are plant compounds with antioxidant, antimicrobial, and anti-inflammatory properties that may help keep you healthy and protect you against diseases.

The main polyphenols in pomegranate belong to a group called ellagitannins, a type of polyphenol that can reach the colon almost entirely intact, where they can interact with the gut microbiota. When we measured the TMA that the gut microbes produced in the second experiment, we saw much less TMA.

Our experiments in the lab show that a polyphenol-rich pomegranate extract can reduce microbial TMA production and eliminate the potentially harmful effects of l-carnitine supplements.

Our laboratory experiments showed that the pomegranate extract can reduce the production of TMA. Ellagitannins are also abundant in other fruits and nuts, such as raspberries and walnuts. So, if you take l-carnitine supplements, our research suggests that it may be a good idea to include ellagitannin-rich foods in your diet. Eating more fruits and nuts can be good for your health, so including these in your diet will probably be beneficial anyway.

Our group is now moving the science outside of the lab. We are testing in human participants how effective the pomegranate extract is at reducing TMAO production from l-carnitine supplements. This study will tell us whether taking an l-carnitine supplement along with a pomegranate extract may be better than taking the supplement on its own.

The Conversation

Julia Haarhuis works at the Quadram Institute and receives funding from the Wellcome Trust.

ref. Why the l-carnitine sport supplement is controversial – https://theconversation.com/why-the-l-carnitine-sport-supplement-is-controversial-219520

Most plant-friendly fungi are a mystery to scientists

Source: The Conversation – UK – By Katie Field, Professor in Plant-Soil Processes, University of Sheffield

Fly agaric mushrooms partner with trees. Magnus Binnerstam/Shutterstock

If you walk through a forest and look down, you might think you’re stepping on dead leaves, twigs and soil. In reality, you’re walking over a vast underground patchwork of fungal filaments, supporting life above ground.

These are mycorrhizal fungi, which form partnerships with the roots of nearly all plants. Found everywhere from tropical rainforests to boreal forests and farmland, these underground fungi sustain life above ground, often without us realising they’re even there.

A recent academic review argues that up to 83% of ectomycorrhizal (ECM) fungi species, which form partnerships with trees, may be unknown to science.

Mycorrhizal fungi grow around root tips and form webs between root cells or penetrate root cells, then make structures inside them. They scavenge nutrients such as phosphorus and nitrogen from the soil and, in return, receive carbon from their host plants.

Traces of these unidentified fungi are often found in soil DNA. The researchers surveyed global DNA databases to see how many DNA traces that seemed to belong to ECM fungi matched to a species. Only 17% could. Scientists call these “dark taxa” – organisms that have been detected, but not formally described, named or studied.

Many of these fungi produce large fruiting bodies such as mushrooms and are foundational to forest ecosystems.

One example is the fly agaric (Amanita muscaria) which produces the iconic red and white spotted toadstools often linked to folklore and can have a range of host trees. It typically associates with birch, pine and spruce, especially in colder climates, helping trees survive in nutrient-poor soils.

Porcini fungi, (for example Boletus edulis), produce delicious mushrooms prized for their rich, nutty flavor, are ECMs too. These fungi grow with pines, firs and oaks. And the chanterelle is highly sought-after by mushroom collectors and often found near oaks, beech and conifers.

Chanterelles thrive in undisturbed, healthy forests. Their presence often signals a well-functioning forest ecosystem. They have a fruity, apricot-like scent that may attract insects to help spread spores.

Yellow mushrooms grow on forest floor.
Chanterelle mushrooms are highly sought after.
Nitr/Shutterstock

The new report shows how little we know about the world beneath our feet. This ignorance has important implications. Entire landscapes are being reshaped by deforestation and agriculture.

But reforestation efforts are happening without fully understanding how these changes affect the fungal life that underpins these ecosystems. For example, in the Amazon, deforestation for farming continues at an alarming pace with 3,800 square miles (equivalent to 1.8 million football fields) of tropical rainforest destroyed for beef production in 2018-19 alone.

Meanwhile, well-meaning carbon offset schemes often involve planting trees of a single species, potentially severing ancient relationships between native trees and their fungal partners. This is because the mycorrhizal fungi in these area will have developed in partnership with the native plants for many years – and may not be compatible with the tree species being planted for these schemes.

Although not all trees have specific fungal partners, many ECM fungi will only form symbioses with certain trees. For example, species within the Suillus genus (which includes the sticky bun mushroom) are specific to certain species of pine.

Introducing non-native plantation species may inadvertently drive endemic fungi, including species not yet known to science, toward extinction. We may be growing forests that look green and vibrant, but are damaging the invisible systems that keep them alive.

The problem isn’t limited to ECM fungi. Entire guilds (species groups that exploit resources in a similar way) of mycorrhizal fungi, remain virtually unexplored.

These dark guilds are ecologically crucial, yet most of their members have never been named, cultured or studied.

Ericoid Mycorrhizal Fungi (ERM)

These fungi form symbioses with many ericaceous shrubs, including heather, cranberry and rhododendrons. They dominate in some of the world’s harshest landscapes, including the Arctic tundra, the boreal forest (also known as snow forest), bogs and mountains.

Research suggests ERM fungi not only help plants thrive in harsh environments but also drive some of the carbon accumulation in these environments, making them potentially part of an important carbon sink.

Despite their abundant coverage across some of the most carbon-rich soils on Earth, the ecology of ERM fungi remains somewhat mysterious. Only a small number have been formally identified. However, even the few known species suggest remarkable potential.

Their genomes contain vast repertoires of genes for breaking down organic matter. This is important because it suggests ERM fungi are not just symbionts living in close interaction with other species but also active decomposers, influencing both plant nutrition and soil carbon cycling. Their dual lifestyle may play a critical role in nutrient-poor ecosystems.

Mucoromycotina fine root endophytes (MFRE)

MFRE are another group of enigmatic fungi that form beneficial relationships with plants. Long mistaken for the arbuscular mycorrhizal (AM) fungi until distinguished in 2017, MFRE are also found across a range of ecosystems including farmland and nutrient-poor soils and often live alongside AM fungi.

MFRE appear to be important in helping plants access nitrogen from within the soil, while AM fungi are more associated with phosphorus uptake. Like ERM fungi, MFRE appear to also alternate between free-living and symbiotic lifestyles.

As researchers begin to uncover their roles, MFRE are emerging as important players in plant resilience and sustainable agriculture.

These fungi frequently appear in plant roots. They are characterised by darkly pigmented, segmented fungal filaments, or hyphae, but their role is highly context-dependent.

Some DSEs appear to enhance host stress tolerance or nutrient uptake. Others may act as latent pathogens, potentially harming the host plant. Most DSEs remain unnamed and poorly understood.

Time is running out

Many of the ecosystems connected to these dark guilds of fungi are among the most vulnerable on the planet. The Arctic and alpine regions which are strongholds for ERMs, DSEs and potentially MFREs, are warming at two to four times the global average.

Peatlands have been drained and converted for agriculture or development while heathlands are increasingly targeted for tree-planting initiatives meant to sequester carbon.

Planting fast-growing, non-native species in monocultures may improve short-term carbon metrics above ground, but it could come at the cost of soil health and belowground biodiversity. Many fungi are host-specific, co-evolving with native plants over millions of years.

Replacing those plants with non-native trees or allowing invasive plants to spread could lead to local extinctions of fungi we’ve never had the chance to study. Soil fungi also mediate processes from nutrient cycling to pathogen suppression to carbon sequestration.

We are changing landscapes faster than we can understand them and in doing so we may be unravelling critical ecological systems that took millennia to form.

The Conversation

Katie Field receives funding from the European Research Council, the Biotechnology and Biological Research Council and the Natural Environment Research Council.

Tom Parker receives funding from The Scottish Government’s Rural and Environment Science and Analytical Services Division and Natural Environment Research Council

ref. Most plant-friendly fungi are a mystery to scientists – https://theconversation.com/most-plant-friendly-fungi-are-a-mystery-to-scientists-259705

What makes a good football coach? The reality behind the myths

Source: The Conversation – UK – By Alan McKay, Senior Research Assistant for the Centre for Football Research in Wales, University of South Wales

With Women’s Euro 2025 underway, attention is turning not just to the players hoping for glory, but to the head coaches tasked with leading them.

These include England’s Sarina Wiegman, who guided the Netherlands to Euro victory in 2017 and repeated the feat with England in 2022; Spain’s Montse Tomé, the reigning world champions’ first female head coach; and Rhian Wilkinson, who is preparing Wales for their first ever appearance at a major tournament.

The pressure is immense, but what actually makes a good football coach? My colleagues and I recently conducted a study on behalf of the Uefa Academy to better understand this topic.

There are plenty of myths. That the best coaches eat, sleep and breathe football 24/7. That they’re “natural leaders” who inspire through sheer charisma. That success demands constant self-sacrifice. But when coaches try to live up to these ideas, it can leave them feeling burnt out – physically and emotionally exhausted, disconnected from their personal lives and questioning their ability.

In reality, effective coaching is about much more than tactics or motivation. It’s about performance, not just on the pitch, but in the way coaches manage themselves, their staff and their players. A good coach must balance their responsibilities with time for rest and recovery. They must communicate clearly, stay calm under pressure and create an environment where everyone knows their role.

Sarina Wiegman discusses the importance of creating positive environments.

Sarina Wiegman has described her approach in just these terms: “We try to turn every stone to get as best prepared as we can be before we go into the tournament… to perform under the highest pressure.”

But coaches don’t arrive at this mindset by accident. It’s developed through experience and, importantly, through structured education.

One important finding was that the most effective coaches have a strong sense of who they are – including their values, their communication style, and their strengths and limitations. These are things which affect the players and staff with whom they work.

Even top coaches need support

This type of self-awareness is often shaped through formal coach education programmes, where participants work closely with a mentor. These mentors can offer honest feedback, challenge assumptions and help coaches develop a philosophy they can share with their team.

That process is essential at every level, whether it’s grassroots football or the international stage. Coaches who understand themselves and who can use their education are better able to adapt their approach to the context they’re working in. They can build trust, foster unity and know when to step back.

Gareth Southgate, former England men’s head coach, is a fantastic example of this. He has spoken about the importance of supporting the person first and the player second. He has discussed the value of empathy and empowering players to make decisions on and off the pitch.

Through this process, Southgate helped players focus on the “joy of playing for their country” rather than simply achieving results. This may have helped to relieve some of the inevitable pressure and expectations placed on the England squad by the media, fans and English Football Association to win tournaments.

After qualifying, a good coach will continue to seek out their mentor for advice on both professional and personal issues they may be experiencing in their role. Emma Hayes, head coach of the US women’s team, has credited her own mentor with helping her fine tune her leadership style and build team cohesion. Her ability to create a safe, supportive environment was central to Team USA’s gold medal win at the 2024 Paris Olympics.

Hayes’ methods demonstrate that coaching is not a destination but a lifelong process. It requires constant learning, reflection and adaptation. The best coaches don’t just chase trophies. They aim to build something lasting – a culture of trust, a resilient team and a space where people can thrive.

As Euro 2025 continues, it’s worth keeping an eye, not just on the scorelines, but on the sidelines. The real mark of a good coach isn’t always found on the scoreboard. It’s found in how a team plays, how they talk about each other and whether they’re still smiling at the end.

The Conversation

Alan McKay received funding from the Union of European Football Associations (UEFA) to conduct the research mentioned in this article. Alan wishes to acknowledge Professor Brendan Cropley, who was instrumental in conducting this research.

ref. What makes a good football coach? The reality behind the myths – https://theconversation.com/what-makes-a-good-football-coach-the-reality-behind-the-myths-259947

A brief history of the slogan T-shirt

Source: The Conversation – UK – By Liv Auckland, Lecturer in Fashion Communication and Creative Direction and Curation for Fashion, Nottingham Trent University

You probably have a drawer full of T-shirts. They’re comfy, easy to style, cheap and ubiquitous. But the T-shirt is anything but basic. For 70 years, they’ve been worn as a tool for self-expression, rebellion and protest. And in 2025, the slogan T-shirt is as powerful as it has ever been.

Previously worn as an undergarment, the T-shirt became outerwear after the second world war. Snugly dressed on the bodies of physically fit young men, it came to signify heroism, youth and virility.

The T-shirt was adopted by sub-cultural groups such as bikers and custom car fanatics. And it was popularised by Hollywood stars, including Marlon Brando and James Dean. By the mid-1950s, it had become a symbol of rebellion and cool.


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From the 1960s onwards, slogan T-shirts gained momentum in America and Britain, and women began wearing them as the fashions became more casual. In the postmodern era, language became less about function and more about individualistic expression and exploration. This playful approach to words, combined with an emphasis on design and social commentary, made the T-shirt an ideal canvas for the championing of individual thought.

Anti-war messaging dominated slogans in the US during the Vietnam war and amid the increasing threat of nuclear war. Perhaps the most recognised slogan featured the artwork from John Lennon and Yoko Ono’s famous 1969 “War is Over” campaign, a T-shirt which is still being replicated today. Messages of peace on clothing, whether featuring words or symbols, have stayed in our collective wardrobe ever since, from high fashion to high street.

In the 1970s, the New York Times called T-shirts the “the medium of the message”, and the message itself was becoming ever more subversive. Slogan tees sought to provoke, whether through humour or controversy.

Punks were especially good at it. They constructed what subculture theorist Dick Hebdige called a “guttersnipe rhetoric” in his 1979 study Subculture: The Meaning of Style. Designers Vivienne Westwood and Malcolm McLaren paved the way for a DIY approach where slogans were often scrawled, expressive and upended social codes.

The slogan shirt in the fight for LGBTQ+ rights

Manufacturing and printing advancements in the postmodern era also meant that more designs could be printed en masse – a development used by the LGBTQ+ community and its allies.

Some of the most memorable slogan T-shirts in history were created in response to the Aids epidemic in the 1980s. The most poignant simply read “Silence = Death”. Originally a poster, the design was printed on T-shirts by the Aids Coalition to Unleash Power (known as “Act Up”) for protesters to wear.

Those affected by Aids were demonised and largely ignored, so the queer community was reliant on activism to incite action from government and their fellow citizens.

In After Silence: A History of Aids through Its Images (2018), author Avram Finkelstein describes the grassroots activism of the time as an “act of call and response, a request for participation” for the lives at stake. In a pre-internet world, T-shirts provided a platform to make the fight visible.

The 80s also saw slogan T-shirts enter pop cultural spaces as well as political ones, most notably with designs from Katharine Hamnett. Known for their oversized fit, their politically charged messages adorned the torsos of celebrities including George Michael and Debbie Harry. In 1984, Hamnett made fashion history when she met then-prime minister Margaret Thatcher while wearing a T-shirt emblazoned with “58% Don’t Want Pershing”, referencing her anti-nuclear sentiment.

That same year, Hamnett’s “Choose Life” design gained icon status when it was worn in a music video by Wham!. Originally a reference to the central teachings of Buddhism, “Choose Life” took on complex meaning when read in the context of the Aids epidemic, Thatcherism and economic instability.

The Choose Life shirt featured in Wham!‘s video for Wake Me Up Before You Go-Go.

The slogan was later used in the opening monologue of the cult film Trainspotting (1996), which is set in an impoverished and drug-fuelled Edinburgh. The design has been reworked countless times, including by Hamnett herself for the refugee charity Choose Love.

In author Stephanie Talbot’s 2013 book Slogan T-shirts: Cult and Culture, she explains that slogan tees can move through time to achieve iconic status. While the Choose Life tee has transcended time and generations, it also shows how the intended message of a slogan can change depending on the wearer and the observer, and the environment within which it’s worn.

Today, to Hamnett’s consternation, Choose Life has been co-opted by pro-life campaigners, not only taking on a different meaning but flipping across the political spectrum.

Who gets to wear a slogan shirt?

When we wear a slogan T-shirt, we are transferring our internal self to an external, public self, creating an extension of ourselves that invites others to perceive us. This creates opportunities for conflict as well as connection and community, putting our bodies (particularly those that are marginalised) at risk.

In 2023 for example, numerous peaceful protesters were arrested for wearing Just Stop Oil T-shirts, highlighting how unsafe – and potentially unlawful – it can be to wear a slogan T-shirt.

Actor Pedro Pascal wears the 'Protect the Dolls' shirt with a brown coat.
Actor Pedro Pascal wears the ‘Protect the Dolls’ shirt by Connor Ives.
Fred Duval/Shutterstock

However, the LGBTQ+ community is continuing to seize the power of the slogan T-shirt – not in spite of law changes, but because of them.

Designer Connor Ives closed his 2025 London Fashion Week show wearing a T-shirt that read “Protect the Dolls”, during a time of increasing politicisation of trans lives and gender healthcare. The term “dolls” is one of endearment in queer spaces that refers to those who identify as feminine, including trans women.

After receiving a “groundswell” of support, the T-shirt went into production to raise money for American charity Trans Lifeline. Numerous celebrities have since worn the design, including actor Pedro Pascal and musician Troye Sivan, to show their support in the face of multiple law changes.

In a world that increasingly feels like it’s in turmoil, for many, the humble T-shirt still feels like a space where we can express how we truly feel.

This article features references to books that have been included for editorial reasons, and may contain links to bookshop.org. If you click on one of the links and go on to buy something from bookshop.org The Conversation UK may earn a commission.

The Conversation

Liv Auckland does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

ref. A brief history of the slogan T-shirt – https://theconversation.com/a-brief-history-of-the-slogan-t-shirt-258766

What Elio can help teach us about eye patching, stigma and the developing brain

Source: The Conversation – UK – By Rebecca Willis, Doctoral Researcher in Clinical Neurosciences, University of Oxford

Disney Pixar’s latest film, Elio, follows a familiar-sounding character, a lovable and imaginative young hero who dreams of finding a place where he truly belongs. But amid the colour and chaos of the film’s outer space setting, one subtle detail stands out: Elio wears an eye patch.

In the real world, eye patches are commonly used to treat amblyopia, or “lazy eye”, a neurodevelopmental visual condition projected to affect 175.2 million people globally by 2030. In amblyopia, the brain favours one eye over the other, leading to reduced vision in the weaker eye.

Treatment often involves covering the stronger eye with a patch, encouraging the brain to rely on the weaker eye and improve its function. This therapy is most effective during early childhood and can take months of daily commitment.

Yet, despite how common visual conditions are, positive representation of patch-wearing is rare in popular media.

Animated films have long shaped childhood imaginations, but historically, characters with eye patches or other visual markers often fall into negative stereotypes.

Think Mr Potato Head’s alter ego One-Eyed Bart in Toy Story, or Madagascar’s Dr. Blowhole: characters where an eye patch signals villainy. Glasses, meanwhile, are more often seen on older characters like Carl Fredrickson from Up or Roz from Monsters Inc.

Characters with strabismus (misaligned eyes), like Ed from The Lion King, are often portrayed as unintelligent or clumsy. One recent study found that strabismus in children’s animated films is consistently associated with negative character traits – something that can reinforce harmful stigma.

These portrayals matter. Film plays a powerful role in shaping beliefs, especially for young children who are developing a sense of identity, belonging and how to relate to others. When visual conditions are stereotyped, it can reinforce feelings of embarrassment and difference.

For children wearing a patch, these feelings can lead to skipping treatment days and poorer outcomes. In contrast, authentic, positive representation can build self-esteem, promote acceptance, and provide relatable role models.

A subtle but powerful shift

Happily, things are starting to change. In recent Disney/Pixar films, we’ve seen characters with glasses portrayed as dynamic, central figures: Encanto’s Mirabel, Turning Red’s Priya and Mei, and Big Hero 6’s scientist-superhero Honey Lemon, for example. These characters challenge old stereotypes and broaden the narrative around vision.

Elio continues that progress. The young protagonist’s eye patch is not a plot point, nor is it used to symbolise frailty, villainy or wisdom. It simply exists – a quiet part of his identity, not something to overcome.

That subtlety is powerful. For children who wear patches, seeing someone like Elio leading a space mission, not sidelined by his visual condition, can be deeply affirming.

Beyond the screen, Elio has sparked conversation and awareness. Prevent Blindness launched a campaign around the film to raise public understanding of amblyopia and the importance of early detection. Eye care organisations have also used the film as an educational tool, while individuals have shared their stories of patching and treatment across social media.

When amblyopia is recognised and treated early, patching can be remarkably effective. But awareness is key, and so is reducing stigma that might discourage children from wearing their patch.

Childhood amblyopia research

Although patching often restores vision, it doesn’t work for every child – and we still don’t fully understand why. There is limited research into how patching affects the developing brain, and this lack of insight hinders improvements in treatment.

Our research with Holly Bridge, Vision Group leader at Oxford University, aims to change that. We’re studying how patching changes brain chemistry in young children.

Adult studies suggest that chemical shifts in visual parts of the brain may be linked to patching outcomes. To explore this in children, we’re running a study of five to eight-year-olds with amblyopia or healthy vision.

In our study, children with amblyopia receive a safe, non-invasive brain scan before and after patching treatment. We also measure their vision using child-friendly tests. We then compare these results to children with healthy vision who don’t wear a patch, helping us to understand both visual changes and brain development.

We hope Elio marks the beginning of more inclusive storytelling, where difference isn’t erased or exaggerated, but simply woven into the fabric of character and adventure. Like Elio’s journey through space, the path to better understanding and representation of childhood visual conditions has faced challenges.

But perhaps this is the launch we needed: towards better awareness, better research, and a future where every child feels seen – on screen and beyond.

The Conversation

Rebecca Willis receives funding from a Royal Society Studentship.

Betina Ip is funded by The Royal Society (Dorothy Hodgkin Research Fellowship, DHFR1201141) and the UKRI-MRC (MR/V034723/1).

Megan Groombridge receives funding from the MRC (MR/V034723/1).

ref. What Elio can help teach us about eye patching, stigma and the developing brain – https://theconversation.com/what-elio-can-help-teach-us-about-eye-patching-stigma-and-the-developing-brain-259946

The pandemic is still disrupting young people’s careers

Source: The Conversation – UK – By Sviatlana Kroitar, Honored Research Visiting Fellow, Labour Studies, University of Leicester

Goksi/Shutterstock

Unlike previous economic downturns, the COVID pandemic created a crisis that disrupted both education and employment, abruptly halting young people’s emerging careers and clouding their hopes for the future. It doubly affected those transitioning into adulthood, out of school or university and into work, and it threatened the job security of those embarking on their careers when the pandemic began.

There has been a disproportionate and often hidden cost borne by young people which has had a lasting impact on their career paths, financial independence and mental wellbeing.

The pandemic sparked widespread educational disruption. Schools were closed, there was a rapid switch to online learning and exams were cancelled. This hindered young people’s ability to acquire essential knowledge, skills and qualifications.

This aggravated existing educational gaps, particularly between students from different backgrounds, and those with and without reliable digital access and learning support.

The cancellation of internships and work placements – vital for practical experience – left many with a gap in their skills. This may have increased the pressure to undertake unpaid work for employability.


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Young people are heavily concentrated in precarious, in-person employment sectors such as hospitality and retail. These jobs are characterised by temporary contracts, low wages and limited benefits.

This instability made them acutely vulnerable during the pandemic. Precarious roles offered few safety nets, leading to immediate job losses or reduced hours. Labour markets contracted sharply, especially in in-person sectors. This affected young people in particular, who faced higher job losses and unemployment.

Graduate recruitment also plummeted as companies froze or reduced entry-level hiring, creating a bottleneck for university leavers. This convergence of job losses and a shrinking graduate market made securing stable employment exceptionally difficult.

The pandemic also magnified existing vulnerabilities. It exacerbated hardship and job insecurity for young people who were already marginalised and disadvantaged. Young people already in non-standard employment – such as gig work, zero-hours contracts or temporary roles – experienced disproportionately severe outcomes.

The situation was the same for young people from lower-income backgrounds, women and disabled young people.

Less affluent young people often lack financial support from their families. This means deeper financial instability, increased debt and housing insecurity. These issues were exacerbated by the impact of the pandemic on employment.

Precarity carries elevated long-term risks, including prolonged low wages and stunted career progression. This often delays the achievement of typical adult milestones such as financial autonomy and independent living.

Woman stressed with laptop
Young people may have been more inclined to take any available work.
Raushan_films/Shutterstock

Economic uncertainty destabilised emerging careers, forcing young people to rethink their options – a situation dubbed “precarious hope”. Many graduates, feeling less prepared, lowered their expectations.

They may well have prioritised finding any available work, taking jobs that didn’t match their qualifications, leading to lower wages and poorer working conditions.

Transitions to adulthood

Research has found that the pandemic created significant disruptions to the typical transition to adulthood. A prominent trend was the rise of “boomerang” trajectories: young adults returning to live with parents due to economic hardship or job loss.

More broadly, the pandemic contributed to delayed milestones such as leaving home, achieving financial independence and building stable relationships, creating prolonged dependence for many.

The pandemic also blurred young professional identities. Disrupted final years of study and remote transitions stripped away traditional markers of closure. Cancelled exams, internships and graduations plunged many into prolonged limbo.

This absence of clear rites of passage and the unexpected conclusion to studies added ambiguity to young people’s ideas of their own identity and life paths. This lack of clear professional selves left young people feeling helpless, their future out of their hands.

The psychological toll

The pandemic inflicted a profound psychological burden on young people. The loss of expected life passages, social and professional connections and routines fostered feelings of isolation, stagnation and diminished control. This distress was amplified by relentless uncertainty surrounding disrupted education, altered qualifications and a volatile job market.

A “COVID echo” continues to resonate for young people. Graduates from the pandemic period may still feel that they lag behind in their careers.

The early disruptions it caused through lost entry-level job opportunities, fewer chances to build networks and hindered skill development continue to cast a shadow over the further career prospects of these young people.

Enduring negative consequences like this are termed “scarring”, threatening to affect employment and earning potential for years.

Addressing these potential long-term scars requires an overhaul of the youth labour market. This means tackling precarious work, enhancing training and re-skilling, and strengthening social safety nets. Robust support, as well as listening to what young people have to say about their futures, will be vital in empowering this generation to overcome the crisis and reach their full potential.

The Conversation

Sviatlana Kroitar does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

ref. The pandemic is still disrupting young people’s careers – https://theconversation.com/the-pandemic-is-still-disrupting-young-peoples-careers-258768

Have you noticed that Nigel Farage doesn’t talk about Donald Trump anymore?

Source: The Conversation – UK – By Martin Farr, Senior Lecturer in Contemporary British History, Newcastle University

Each is the main political subject in their country, and one is the main political subject in the world. Each rode the populist wave in 2016, campaigning for the other. In 2024 the tandem surfers remounted on to an even greater breaker. Yet, though nothing has happened to suggest that bromance is dead, neither Donald Trump nor Nigel Farage publicly now speak of the other.

Trump’s presidential campaign shared personnel with Leave.eu, the unofficial Brexit campaign. Farage was on the stump with Trump, and his “bad boys of Brexit” made their pilgrimage to Trump Tower after its owner’s own triumph in the US election. Each exulted in the other’s success, and what it portended.

Trump duly proposed giving the UK ambassadorship to the United States to Farage. Instead, Farage became not merely MP for Clacton, but leader of the first insurgent party to potentially reset Britain’s electoral calculus since Labour broke through in 1922.

Then, Labour’s challenge was to replace the Liberals as the alternative party of government. It took two years. Reform UK could replace the Conservatives in four.


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Trump, meanwhile, has achieved what in Britain has either been thwarted (Militant and the Labour party in the 1980s) or has at most had temporary, aberrant, success (Momentum and the Labour party in the 2010s): the takeover of a party from within. Farage has been doing so – hitherto – from without.

At one of those historic forks in a road where change is a matter of chance, after Brexit finally took place, Farage considered his own personal leave – to go and break America.

The path had been trodden by Trump-friendly high-profile provocateurs before him: Steve Hilton, from David Cameron’s Downing Street, via cable news, now standing to be governor of California; Piers Morgan, off to CNN to replace the doyen of cable news Larry King, only to crash, but then to burn on, online. Liz Truss, never knowingly understated, has found her safe space – the rightwing speaking circuit.

But Farage remained stateside. He knew his domestic platform was primed more fully to exploit the voter distrust that his nationalist crusade had done so much to provoke.

The Trump effect

Genuine peacetime transatlantic affiliations are rare, usually confined to the leaders of established parties: Ronald Reagan and Margaret Thatcher, Bill Clinton and Tony Blair. One consequence of the 2016 political shift is that the US Republicans and the British Conservatives, the latter still at least partially tethered to traditional politics, have become distanced.

During the first Trump administration, and even in the build up to the second, it was Farage who was seen as the UK’s bridge to the president. But today, at the peak of their influence, for Farage association can only be by inference, friendship with the US president is not – put mildly – of political advantage. For UK voters, Trump is the 19th most popular foreign politician, in between the King of Denmark and Benjamin Netanyahu.

There is, moreover, the “Trump effect”. Measuring this is crude – circumstances differ – but the trend is that elections may be won by openly criticising, rather than associating with, Trump. This was the case for Mark Carney in Canada, Anthony Albanese in Australia, and Nicușor Dan in Romania.

Trump’s second state visit to the UK will certainly be less awkward for Farage than it will be Starmer, the man who willed it. Farage will likely not – and has no reason to – be seen welcoming so divisive a figure.

Starmer has no choice but to, and to do so ostentatiously. It is typical of Starmer’s perfect storm of an administration that he will, in the process, do nothing to appeal to the sliver of British voters partial to Trump while further shredding his reputation with Labour voters. Farage would be well served in taking one of his tactical European sojourns for the duration. Starmer may be tempted too.

Outmanoeuvring the establishment

Reflecting the historic cultural differences of their countries, Trump’s prescription is less state, Farage’s is more. The Farage of 2025 that is. He had been robustly Thatcherite, but has lately embraced socialist interventionism, albeit through a most Thatcherite analysis: “the gap in the market was enormous”.

Reform UK now appears to stand for what Labour – in the mind of many of its voters – ought to. Eyeing the opportunity of smokestack grievances, Farage called for state control of steel production even as Trump was considering quite how high a tariff to put on it. Nationalisation and economic nationalism: associated restoratives for national malaise.

Aggressively heteronormative, Trump and Farage dabble in the natalism burgeoning in both countries – as much a cultural as an economic imperative. Each has mastered – and much more than their adversaries – social media. Each has come to recognise the demerits in publicly appeasing Putin.

And Reform’s rise in a hitherto Farage-resistant Scotland can only endear him further to a president whose Hebridean mother was thought of (in desperation) as potentially his Rosebud by British officials preparing for his first administration.

Given their rhetorical selectivity, Trump and Farage’s rolling pitches are almost unanswerable for convention-confined political opponents and reporters. These two anti-elite elitists continue to confound.

Unprecedentedly, for a former president, Trump ran against the incumbent; Farage will continue to exploit anti-incumbency, despite his party now being in office. Most elementally, the pair are bound for life by their very public near-death experiences. Theirs is, by any conceivable measure, an uncommon association.

Farage’s fleetness of foot would be apparent even without comparison with the leaden steps of the leaders of the legacy parties. His is a genius of opportunism. That’s why he knows not to remind us of his confrere across the water.

The Conversation

Martin Farr does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

ref. Have you noticed that Nigel Farage doesn’t talk about Donald Trump anymore? – https://theconversation.com/have-you-noticed-that-nigel-farage-doesnt-talk-about-donald-trump-anymore-258333

US Supreme Court ponders the balance of power – and sides with President Trump

Source: The Conversation – UK – By John Stanton, Reader in Law, City St George’s, University of London

Since his second inauguration in January, Donald Trump has issued more than 160 executive orders. These orders permit the US president to make directives concerning the workings of the federal government without the need to pass laws in Congress. All US presidents have used them, including George Washington, but Trump has issued his orders at an unprecedented rate.

A number of these have courted controversy. But one stands out in particular: executive order 14160. This was signed on the day of his inauguration, January 20, and seeks to end birthright citizenship for children born in the US where the parents are in the country illegally or on temporary visas.

The purpose of this order was to redefine the scope of the 14th amendment to the constitution. This states that: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” Trump’s executive order sets limits on that principle.

Due to the order’s conflict with the constitution, various district courts have issued what are known as “universal injunctions”, blocking the order. In response to these injunctions, the government brought a case in the Supreme Court: Trump v Casa. The Trump administration argues that district judges should not have the power to issue such wide-ranging injunctions which effectively limit the president’s power.


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On June 27 the Supreme Court delivered its judgment. It found in favour of the government, holding that: “Universal injunctions likely exceed the equitable authority that Congress has given to federal courts.” The court stopped short of banning them outright – but it effectively limited the extent to which courts could issue a universal block on the president’s executive orders.

The judgment did not decide on the constitutionality of the executive order itself, but focused solely on the limits of judicial power to block presidential actions more broadly. So the question of birthright citizenship remains unresolved.

People affected can bring personal lawsuits and there is also the avenue of “class action suits” in which a number of people who have grouped together with common cause and been have been ruled by a judge to constitute a “class” can seek legal relief. The New York Times has reported that plaintiffs are how preparing to refile suits to challenge executive order 14160.

But the issue raises questions about the Supreme Court. In the US, the nine Supreme Court justices are nominated by the president, and inevitably bring a corresponding political outlook to their work. Currently, there are six conservative judges – three of whom were appointed by Trump in his first term of office – and three liberal judges.

In Trump v Casa, the court divided on ideological lines. The six conservative judges supported the majority view, while the three liberal judges dissented. This was not entirely unexpected. But the ruling raises the more fundamental question about the vital constitutional role that courts play in acting as a check on government power.

Cornerstone of democracy

In democracies around the world, constitutional principles ensure that power is exercised according to law and that the various holders of legislative, executive, and judicial power do not exceed their authority. Central to these arrangements is the role of the courts. While judges must be careful not to involve themselves in the policy decisions of government, or the law-making deliberations of a legislature, it is their duty to ensure the executive does not act unlawfully or the legislature unconstitutionally.

Case reports across the world are littered with examples of judges reviewing and, on occasion, striking down government or legislative action as unlawful. In the US, the seminal case of Marbury v Madison (1803) which established, for the first time, that the Supreme Court should have the power to strike down an act of Congress as unconstitutional, has served as a beacon of this principle for over 200 years. In the UK, the Supreme Court’s finding in R(Miller) v Prime Minister that the government’s 2019 prorogation of parliament was unlawful provides a notable example of the continued importance of this role.

The balance that the courts must strike in not interfering in the policy decisions of government on the one hand, and their fundamental role in acting as a check on the lawful use of power on the other is at the heart of Trump v Casa. In the Supreme Court’s written majority opinion, Justice Amy Coney Barrett, held that the use of “universal injunctions” by the district courts was an example of judicial overreach. She wrote that federal judges were going beyond their powers in seeking to block the universal application of the executive order.

The dissenting three liberal justices issued a minority opinion saying that this finding was at odds with the rule of law. Indeed, Justice Sonia Sotomayor said the ruling in Trump v Casa “cannot coexist with the rule of law. In essence, the Courts has now shoved lower court judges out of the way in cases where executive actions is challenged, and has gifted the Executive with the prerogative of sometimes disregarding the law.”

The finding of the Supreme Court, in other words, has arguably limited the extent to which the courts in America can serve as a check on the exercise of executive power. Trump hailed the Supreme Court’s decision as a “giant win”, while attorney general Pam Bondi said it would “stop the endless barrage of nationwide injunctions against President Trump”.

Here’s the nub of the affair: while courts must be able to act as a check on the lawfulness of government action, at the same time, a government must be able to govern without too frequent or too onerous obstructions from the judiciary and this finding potentially gives the Trump administration greater room for manoeuvre.

But there is a further issue. As mentioned, US Supreme Court justices are nominated by the president. With the justices of the court being divided on political lines in Trump v Casa, questions can fairly be asked about the propriety of this arrangement – and whether it was always inevitable that one day there would be a Supreme Court in which the people might lose faith because they felt that it was more beholden to ideology than the law.

This is a potentially dangerous moment in the US. The independence of the judiciary has long been a bulwark against abuses of power – and has been regarded as such by the US people. Having judges nominated by those holding political office arguably hinders that independence – and, as the judgment in this case suggests, could throw into jeopardy the invaluable role that the courts play in keeping the exercise of government power in check.

The Conversation

John Stanton does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

ref. US Supreme Court ponders the balance of power – and sides with President Trump – https://theconversation.com/us-supreme-court-ponders-the-balance-of-power-and-sides-with-president-trump-260258