Constitutionalism and judicial precedent in the UK

Skeet, Charlotte (2010) Constitutionalism and judicial precedent in the UK. The precedent as the source of law, Georgia. Published in: Journal of Constitutional Law. 3 45-54. Constitutional Court of Georgia, Republic of Georgia.

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Abstract

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.

Item Type: Conference Proceedings
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence
Depositing User: Charlotte Skeet
Date Deposited: 10 Oct 2019 12:55
Last Modified: 10 Oct 2019 12:55
URI: http://sro.sussex.ac.uk/id/eprint/86890

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