The Limits of Lord Sumption: Limited Legal Constitutionalism, Political Constitutionalism and the European Convention on Human Rights
Rivista di Diritti Comparati, III (3): 3-40 (2019)
28 Pages Posted: 10 Feb 2020
Date Written: December 1, 2019
Lord Sumption's critique of expansive judicial review has certain similarities with some political constitutionalist critiques. However, they are differently motivated and far more constraining. Instead, his arguments derived from a limited form of legal constitutionalism and highlight some of the problems with that way of reasoning.This revised version of a previously published paper includes a new section devoted to Sumption's Reith Lectures of 2019. It has been published in Italian, a link to which appears below. This is the English version.
NB This is an English version of the Italian paper
Keywords: Jonathan Sumption, Trials of the State, Judicial Review, Human Rights, European Court of Human Rights, Law and Politics, UK Supreme Court
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