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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

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Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom. / Campbell, D.; Allan, J.
In: Journal of Law and Society, Vol. 46, No. 3, 01.09.2019, p. 347-366.

Research output: Contribution to Journal/MagazineJournal articlepeer-review

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Campbell D, Allan J. Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom. Journal of Law and Society. 2019 Sept 1;46(3):347-366. Epub 2019 Aug 18. doi: 10.1111/jols.12167

Author

Campbell, D. ; Allan, J. / Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom. In: Journal of Law and Society. 2019 ; Vol. 46, No. 3. pp. 347-366.

Bibtex

@article{f1deecd016ba4b089456d85a6a95b384,
title = "Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom",
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.",
author = "D. Campbell and J. Allan",
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.",
year = "2019",
month = sep,
day = "1",
doi = "10.1111/jols.12167",
language = "English",
volume = "46",
pages = "347--366",
journal = "Journal of Law and Society",
issn = "0263-323X",
publisher = "Wiley",
number = "3",

}

RIS

TY - JOUR

T1 - Procedural Innovation and the Surreptitious Creation of Judicial Supremacy in the United Kingdom

AU - Campbell, D.

AU - Allan, J.

N1 - 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.

PY - 2019/9/1

Y1 - 2019/9/1

N2 - 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.

AB - 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.

U2 - 10.1111/jols.12167

DO - 10.1111/jols.12167

M3 - Journal article

VL - 46

SP - 347

EP - 366

JO - Journal of Law and Society

JF - Journal of Law and Society

SN - 0263-323X

IS - 3

ER -