Judicial politics in Britain: Patrolling the boundaries
- 1 July 1992
- journal article
- research article
- Published by Taylor & Francis in West European Politics
- Vol. 15 (3) , 9-28
- https://doi.org/10.1080/01402389208424918
Abstract
This study considers judicial policy‐making in Great Britain by noting the peculiarly British institutional restraints on judicial action of parliamentary sovereignty, the resulting subordination of all courts to the legislative branch and the absence of a codified charter of rights or constitution. Though there is no judicial power to annul legislative or executive actions, British courts and judges still play a small, but significant, role in policy‐making through the common law and, in particular, through judicial review of adminstrative actions. A written bill of rights would likely draw courts further into the the political arena and politicise the appointment of judges.Keywords
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