The Constitutional Role of the Judiciary if There Were a Codified Constitution

10 Pages Posted: 23 Oct 2013 Last revised: 5 Nov 2013

See all articles by Mark Elliott

Mark Elliott

University of Cambridge - Faculty of Law

Date Written: October 22, 2013

Abstract

The House of Commons Political and Constitutional Reform Committee is undertaking an inquiry into the constitutional role the judiciary would play if the UK were to adopt a written constitution. (This is part of a wider-ranging inquiry concerning the potential codification of the UK's constitution.) I have responded to the call for evidence that the Committee recently issued when announcing its inquiry into the judicial role. My written evidence to the Committee addresses two of the questions raised in the inquiry's terms of reference, concerning the courts’ present role and their potential role under a codified constitution, and the powers that courts might exercise were they to find legislation unconstitutional.

Keywords: constitutional law, public law, judicial, written constitution, codified constitution

JEL Classification: K00, K10, K30, K40

Suggested Citation

Elliott, Mark C., The Constitutional Role of the Judiciary if There Were a Codified Constitution (October 22, 2013). University of Cambridge Faculty of Law Research Paper No. 51/2013. Available at SSRN: https://ssrn.com/abstract=2343589 or http://dx.doi.org/10.2139/ssrn.2343589

Mark C. Elliott (Contact Author)

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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