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Law, Democracy, and Constitutionalism: Reflections on Evans v Attorney General


Type

Article

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Authors

Allan, TRS 

Abstract

jats:titleAbstract</jats:title>jats:pThe difference of judicial opinion in the Supreme Court in Evans provokes reflection on fundamental constitutional principles, such as parliamentary sovereignty and the rule of law. A statute that on its face seems to permit a government minister to override a judicial decision of which he disapproves inevitably raises acute concern; the correct reading of the statute depends on the most persuasive integration of basic principles, placing the text within its wider constitutional context. The Justices deployed distinctions between law, fact, and public interest in rather different ways, reflecting their divergent interpretative approaches. The role of constitutional convention is also of particular interest – central to the legal issues arising, on one view, but largely irrelevant on another. At the root of these disagreements lie contrasting conceptions of law and adjudication.</jats:p>

Description

Keywords

parliamentary sovereignty, rule of law, constitutional convention, statutory interpretation, law and fact, public interest, ministerial override

Journal Title

Cambridge Law Journal

Conference Name

Journal ISSN

0008-1973
1469-2139

Volume Title

75

Publisher

Cambridge University Press (CUP)