The New Constitutional Role of the Judiciary

4 Pages Posted: 20 Aug 2014

See all articles by Jo Eric Khushal Murkens

Jo Eric Khushal Murkens

London School of Economics - Law Department

Roger Masterman

Durham Law School, Durham University

Date Written: July 2014

Abstract

Over the last few decades, the United Kingdom has experienced a profound – if quiet – constitutional transformation. But these developments have hardly been appreciated within broader public debates, which remain rooted in/anchored to notions of parliamentary sovereignty. In this paper, we describe the broad contours of constitutional change in the UK over the last decades. We also ask the question, what can and should courts do when faced with ‘unconstitutional’ legislation? We present the case for the development of a modest range of new constitutional review powers for the courts in the coming years.

Suggested Citation

Murkens, Jo Eric Khushal and Masterman, Roger, The New Constitutional Role of the Judiciary (July 2014). LSE Law: Policy Briefing Paper No. 2, Available at SSRN: https://ssrn.com/abstract=2482312 or http://dx.doi.org/10.2139/ssrn.2482312

Jo Eric Khushal Murkens (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/jo-murkens.htm

Roger Masterman

Durham Law School, Durham University ( email )

Palatine Centre
Stockton Road
Durham, DH1 3LE
United Kingdom

HOME PAGE: http://www.dur.ac.uk/law/staff/?id=1596

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
497
Abstract Views
2,527
rank
70,302
PlumX Metrics