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  • Procedural_Innovation_and_the_Surreptitious_Creation_of_Judicial_Supremacy_in_the_UK (1)

    Rights statement: 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.

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

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Published
<mark>Journal publication date</mark>1/09/2019
<mark>Journal</mark>Journal of Law and Society
Issue number3
Volume46
Number of pages20
Pages (from-to)347-366
Publication StatusPublished
Early online date18/08/19
<mark>Original language</mark>English

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.

Bibliographic note

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.