Searching for constitutional meaning in institutional design

The debate over judicial appointments in the United Kingdom

Erin Delaney*

*Corresponding author for this work

Research output: Contribution to journalArticle

3 Citations (Scopus)

Abstract

The United Kingdom is experiencing a period of dramatic constitutional change. A spate of reforms ushered in by the Blair government at the turn of the twenty-first century challenged conventional notions of British governance and constitutional structure. In the shadow of these changes, one new and bedeviling institutional task is to reconcile an independent judicial branch, growing in power, with a system of parliamentary sovereignty. This article will analyze the debate over judicial appointments in order to shed light on the position of the modern British judiciary, and the new UK Supreme Court in particular, within the British constitutional system. Questions of institutional design expose deep divisions over the perceived extent of judicial power, the relationship of the judiciary to Parliament, and the constitutional justifications for diversity on the bench. Although a weak consensus was achieved in the Crime & Courts Act 2013, stability in the appointments regime is likely temporary. The contested nature of the modern British constitutional system will ensure ongoing debate.

Original languageEnglish (US)
Pages (from-to)752-768
Number of pages17
JournalInternational Journal of Constitutional Law
Volume14
Issue number3
DOIs
StatePublished - Jul 1 2016

Fingerprint

judiciary
judicial power
twenty-first century
parliament
sovereignty
Supreme Court
act
offense
regime
governance
reform

ASJC Scopus subject areas

  • Law

Cite this

@article{924a05de8fea45219e74aa9d1f2eb852,
title = "Searching for constitutional meaning in institutional design: The debate over judicial appointments in the United Kingdom",
abstract = "The United Kingdom is experiencing a period of dramatic constitutional change. A spate of reforms ushered in by the Blair government at the turn of the twenty-first century challenged conventional notions of British governance and constitutional structure. In the shadow of these changes, one new and bedeviling institutional task is to reconcile an independent judicial branch, growing in power, with a system of parliamentary sovereignty. This article will analyze the debate over judicial appointments in order to shed light on the position of the modern British judiciary, and the new UK Supreme Court in particular, within the British constitutional system. Questions of institutional design expose deep divisions over the perceived extent of judicial power, the relationship of the judiciary to Parliament, and the constitutional justifications for diversity on the bench. Although a weak consensus was achieved in the Crime & Courts Act 2013, stability in the appointments regime is likely temporary. The contested nature of the modern British constitutional system will ensure ongoing debate.",
author = "Erin Delaney",
year = "2016",
month = "7",
day = "1",
doi = "10.1093/icon/mow044",
language = "English (US)",
volume = "14",
pages = "752--768",
journal = "International Journal of Constitutional Law",
issn = "1474-2640",
publisher = "Oxford University Press",
number = "3",

}

TY - JOUR

T1 - Searching for constitutional meaning in institutional design

T2 - The debate over judicial appointments in the United Kingdom

AU - Delaney, Erin

PY - 2016/7/1

Y1 - 2016/7/1

N2 - The United Kingdom is experiencing a period of dramatic constitutional change. A spate of reforms ushered in by the Blair government at the turn of the twenty-first century challenged conventional notions of British governance and constitutional structure. In the shadow of these changes, one new and bedeviling institutional task is to reconcile an independent judicial branch, growing in power, with a system of parliamentary sovereignty. This article will analyze the debate over judicial appointments in order to shed light on the position of the modern British judiciary, and the new UK Supreme Court in particular, within the British constitutional system. Questions of institutional design expose deep divisions over the perceived extent of judicial power, the relationship of the judiciary to Parliament, and the constitutional justifications for diversity on the bench. Although a weak consensus was achieved in the Crime & Courts Act 2013, stability in the appointments regime is likely temporary. The contested nature of the modern British constitutional system will ensure ongoing debate.

AB - The United Kingdom is experiencing a period of dramatic constitutional change. A spate of reforms ushered in by the Blair government at the turn of the twenty-first century challenged conventional notions of British governance and constitutional structure. In the shadow of these changes, one new and bedeviling institutional task is to reconcile an independent judicial branch, growing in power, with a system of parliamentary sovereignty. This article will analyze the debate over judicial appointments in order to shed light on the position of the modern British judiciary, and the new UK Supreme Court in particular, within the British constitutional system. Questions of institutional design expose deep divisions over the perceived extent of judicial power, the relationship of the judiciary to Parliament, and the constitutional justifications for diversity on the bench. Although a weak consensus was achieved in the Crime & Courts Act 2013, stability in the appointments regime is likely temporary. The contested nature of the modern British constitutional system will ensure ongoing debate.

UR - http://www.scopus.com/inward/record.url?scp=84994745179&partnerID=8YFLogxK

UR - http://www.scopus.com/inward/citedby.url?scp=84994745179&partnerID=8YFLogxK

U2 - 10.1093/icon/mow044

DO - 10.1093/icon/mow044

M3 - Article

VL - 14

SP - 752

EP - 768

JO - International Journal of Constitutional Law

JF - International Journal of Constitutional Law

SN - 1474-2640

IS - 3

ER -