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Judicious review: the constitutional practice of the UK Supreme Court

Murkens, Jo Eric Khushal (2018) Judicious review: the constitutional practice of the UK Supreme Court. Cambridge Law Journal, 77 (2). pp. 349-374. ISSN 0008-1973

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Identification Number: 10.1017/S0008197318000326

Abstract

The role of the UK Supreme Court as conventionally understood is to give effect to, and not to challenge, the will of Parliament. At the same time, the UK’s constitution forces the UKSC to develop a constitutional jurisprudence to resolve clashes of higher-order principles, for instance between parliamentary sovereignty and the rule of law. This development puts the legitimacy of unelected and unaccountable judges invalidating legislation under the spotlight. Instead of arguing for US-style strike-down powers, I argue that cautious and corrective judicial intervention is constitutionally mandated and democratically legitimate.

Item Type: Article
Official URL: https://www.cambridge.org/core/journals/cambridge-...
Additional Information: © 2018 Cambridge Law Journal and Contributors
Divisions: Law
Subjects: K Law > K Law (General)
Sets: Departments > Law
Date Deposited: 15 Mar 2018 12:12
Last Modified: 20 Sep 2021 00:40
URI: http://eprints.lse.ac.uk/id/eprint/87234

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