This thesis proposes that the United Kingdom's constitution is changing so as to incorporate written principles that restrain Parliament through judicial review. This model originates in the common law as well as the orthodox theories of Blackstone and Dicey. It is supported by the ultra vires doctrine and provides a basis for judicial review of Parliament itself. As constitutions may accommodate written and unwritten elements, along with various means of enforcement and change, they are defined by how strongly they reflect underlying norms. This expressive function, with a shift in the rule of recognition endorsing judicial review, democratically legitimizes constitutional texts as positivist expressions of popular will binding Parliament....
Analysis and critique of underlying principles of the theory of common law constitutionalism from an...
Although contemporary societies covet the notion of a written constitution, the UK still stands as o...
In recent years, British courts have treated constitutional statutes differently from ordinary statu...
This Article posits that the British Constitution is changing by incorporating written principles th...
The aim of this paper is to explore the role of judicial review of legislation in the UK from a lega...
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, t...
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constit...
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, t...
There have been several important formal changes to the United Kingdom’s constitution over the past ...
This Article uses two concepts from philosophical logic, the transitive property and syllogistic rea...
The UK Constitution has recently witnessed upheaval, most of it relating to the UK’s exit from the E...
This article argues that a) constitutional supremacy is affected by the legal tradition, which impli...
Constitutional system of the United Kingdom is seldom a theme of interest in domestic academic debat...
The UK constitutional system is in a transitional stage (e.g. Bogdanor). In this essay, I argue that...
Two competing theories have emerged as providing the constitutional basis for judicial review in the...
Analysis and critique of underlying principles of the theory of common law constitutionalism from an...
Although contemporary societies covet the notion of a written constitution, the UK still stands as o...
In recent years, British courts have treated constitutional statutes differently from ordinary statu...
This Article posits that the British Constitution is changing by incorporating written principles th...
The aim of this paper is to explore the role of judicial review of legislation in the UK from a lega...
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, t...
My thesis deals with the legal concept of sovereign Parliament, the very keystone of British constit...
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, t...
There have been several important formal changes to the United Kingdom’s constitution over the past ...
This Article uses two concepts from philosophical logic, the transitive property and syllogistic rea...
The UK Constitution has recently witnessed upheaval, most of it relating to the UK’s exit from the E...
This article argues that a) constitutional supremacy is affected by the legal tradition, which impli...
Constitutional system of the United Kingdom is seldom a theme of interest in domestic academic debat...
The UK constitutional system is in a transitional stage (e.g. Bogdanor). In this essay, I argue that...
Two competing theories have emerged as providing the constitutional basis for judicial review in the...
Analysis and critique of underlying principles of the theory of common law constitutionalism from an...
Although contemporary societies covet the notion of a written constitution, the UK still stands as o...
In recent years, British courts have treated constitutional statutes differently from ordinary statu...