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The UK does have the Principle of Legality, which is a way for courts to strike down an application of primary legislation by requiring a clear statement to abr
by wahern 2mo ago
The UK does have the Principle of Legality, which is a way for courts to strike down an application of primary legislation by requiring a clear statement to abrogate common law and constitutional norms: https://ukconstitutionallaw.org/2024/05/20/hayley-hooper-historical-origins-of-the-principle-of-legality-in-british-public-law/ https://ukconstitutionallaw.org/2024/05/20/hayley-hooper-his...
An interesting twist to UK constitutional jurisprudence is that until relatively recently the House of Lords was the highest court. In fact, the very origin of Parliament was as a court. The devolution of legislative and judicial (and executive) powers from the king had always been intertwined. So contrasting constitutional judicial review between the US and UK by gesturing at the principle of Parliamentary Supremacy didn't necessarily prove anything as the House of Lords was, in a sense, Parliament. (This was often a rebuttal for when people brought up the Principle of Legality as contradicting Parliamentary Supremacy, or otherwise interjected in discussions of judicial review in the UK.) Now that the highest court is independent, the next 100 years of constitutional jurisprudence in the UK should prove interesting.
- graemep 2mo ago> An interesting twist to UK constitutional jurisprudence is that until relatively recently the House of Lords was the highest court. In fact, the very origin of Parliament was as a court. Since the 19th century it has been only the law lords, who are judges. In effect judges of the court of last resort (i.e. what is now the supreme court) became members of the second chamber of parliament. Other members of the House of Lords did have not had a judicial role since then.