Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

Campbell, D. and Allan, J. (2019) Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom. Journal of Law and Society, 46 (3). pp. 347-366. ISSN 0263-323X

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Abstract

In Re an Application by the Northern Ireland Human Rights Commission for Judicial Review, the Supreme Court made unfavourable comments about Northern Irish abortion legislation in a way which showed complete disregard for elements of civil procedure which are a foundation of proper adjudication within the context of respect for democracy. This was but the latest of a number of cases in which the senior judiciary has made unaccountable procedural innovations furthering judicial supremacy in defiance of the sovereignty of Parliament. In addition to Re Northern Ireland Human Rights Commission, two other of these cases, Simmons v. Castle and R (Miller and another) v. The Secretary of State for Exiting the European Union, will be discussed. These cases reveal an effort to create judicial supremacy by means which we are obliged to call surreptitious.

Item Type: Journal Article
Journal or Publication Title: Journal of Law and Society
Additional Information: This is the peer reviewed version of the following article: Campbell, D. and Allan, J. (2019), Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom. Journal of Law and Society, 46: 347-366. doi:10.1111/jols.12167 which has been published in final form at https://onlinelibrary.wiley.com/doi/full/10.1111/jols.12167 This article may be used for non-commercial purposes in accordance With Wiley Terms and Conditions for self-archiving.
Uncontrolled Keywords: /dk/atira/pure/subjectarea/asjc/3300/3308
Subjects:
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 136397
Deposited By: ep_importer_pure
Deposited On: 01 Nov 2019 12:10
Refereed?: Yes
Published?: Published
Last Modified: 23 Feb 2020 05:08
URI: https://eprints.lancs.ac.uk/id/eprint/136397

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