File(s) under permanent embargo
Constitutionalism and judicial precedent in the UK
This paper sets out to explore the doctrine of judicial precedent in the UK in the context of a developing constitutionalism. By this latter term I mean a move from the constitution being seen in purely descriptive terms as ‘what happens’ in the UK to a situation where legal as well as political forces both limit and direct state power according to constitutional principles which accord with international norms. I will begin by setting out the current constitutional context within which precedent operates, will move on to explore the scope of the doctrine and finally I will assess the operational impact of the doctrine in relation to United Kingdom cases on the European Convention on Human Rights and Fundamental Freedoms, before concluding.
History
Publication status
- Published
File Version
- Published version
Journal
Journal of Constitutional LawPublisher
Constitutional Court of GeorgiaVolume
3Page range
45-54Event name
The precedent as the source of lawEvent location
GeorgiaEvent type
otherPlace of publication
Republic of GeorgiaDepartment affiliated with
- Law Publications
Full text available
- No
Peer reviewed?
- Yes
Legacy Posted Date
2019-10-10First Compliant Deposit (FCD) Date
2019-10-08Usage metrics
Categories
No categories selectedKeywords
Licence
Exports
RefWorks
BibTeX
Ref. manager
Endnote
DataCite
NLM
DC