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Democratic DriftMajoritarian Modification and Democratic Anomie in the United Kingdom$
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Matthew Flinders

Print publication date: 2009

Print ISBN-13: 9780199271597

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199271597.001.0001

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V9. Judicial Review

V9. Judicial Review

Chapter:
(p.238) Chapter 13 V9. Judicial Review
Source:
Democratic Drift
Author(s):

Matthew Flinders (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271597.003.0013

The logic of legal constitutionalism promotes the role of judges as external regulators of political behaviour. It therefore seeks to increase the degree of constitutional rigidity by seeking to locate some basic rights, values, or principles beyond the reach of elected politicians. New Labour sought to embrace elements of legal constitutionalism while maintaining a ‘political constitution’. The outcome is a confused and anomalous element of the broader bi‐constitutionality argument.

Keywords:   judicial review, anti‐majoritarian institutions, supreme court, judicial politics, bi‐constitutionality, constitutional reform, Judicial Appointments Commission, New Labour, executive veto capacity, declaration of incompatibility

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