Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-16T11:04:31.986Z Has data issue: false hasContentIssue false

16 - Constitutional Conversations in Britain (in Europe)

from Part V - International and Transnational Dialogues

Published online by Cambridge University Press:  19 April 2019

Geoffrey Sigalet
Affiliation:
Stanford University, California
Grégoire Webber
Affiliation:
Queen's University, Ontario
Rosalind Dixon
Affiliation:
University of New South Wales, Sydney
Get access

Summary

In the Westminster tradition, Parliament stands at the centre of a public conversation about what is to be done. The courts have not been parties to this conversation, but have upheld settled law, which forms part of the framework within which deliberation takes place and is itself the object of public deliberation and decision. This arrangement has been unbalanced by a changing understanding of the judicial role and by the reach of international obligations that subject the UK to the jurisdiction of international courts. In this way, new conversations have been introduced to the British constitution, including exchanges between domestic and European courts, the main significance of which has been to compromise parliamentary democracy. The UK’s decision to leave the EU follows in part from the alienation of citizens from European lawmaking and action and from a corresponding concern to restore self-government. In reaching and implementing that decision to leave, one sees the capacity of parliamentary democracy to enable the political community to reason and act together, but also the risks posed by wayward domestic judicial action.
Type
Chapter
Information
Constitutional Dialogue
Rights, Democracy, Institutions
, pp. 436 - 465
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×