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The New Constitutional Role of the JudiciaryJo Eric Khushal MurkensLondon School of Economics - Law Department Roger MastermanDurham University - Department of Law July 2014 LSE Law: Policy Briefing Paper No. 2 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.
Number of Pages in PDF File: 4 Date posted: August 20, 2014Suggested CitationContact Information
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