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Constitutionalism and judicial precedent in the UK

conference contribution
posted on 2023-06-09, 19:17 authored by Charlotte SkeetCharlotte Skeet
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 Law

Publisher

Constitutional Court of Georgia

Volume

3

Page range

45-54

Event name

The precedent as the source of law

Event location

Georgia

Event type

other

Place of publication

Republic of Georgia

Department affiliated with

  • Law Publications

Full text available

  • No

Peer reviewed?

  • Yes

Legacy Posted Date

2019-10-10

First Compliant Deposit (FCD) Date

2019-10-08

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