Tag: UK Constitution
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Roger Masterman: Reasserting/Reappraising Dualism
Dualism is considered a staple characteristic of the UK’s constitutional order. Recognised as a necessary derivative of the concept of parliamentary sovereignty, the notion of dualism is ‘based on the proposition that international law and domestic law operate in independent spheres’ and that interaction between those spheres is formally contingent – in the forum of…
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Ronan Cormacain: Blue-eyed Babies, Amnesties, Sovereignty of Parliament and the Rule of Law: The Northern Ireland Legacy Proposals
Could Parliament pass a law that all blue-eyed babies be murdered? This was the hypothetical question posed by Stephen in the Science of Ethics, quoted by AV Dicey in the Introduction to the Study of The Constitution. Dicey agreed with the answer that “legislators must go mad before they could pass such a law, and…
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Andrew Le Sueur: Imagining judges in a written UK Constitution
The tide of interest (among those who care about these things) in the idea of a written, codified constitution for the United Kingdom rises and falls. At the moment the tide is quite high, but certainly not high enough to flow into the estuaries of government policy making. In 2010, Richard Gordon QC —a public…