Volume 42 | Issue 1 | Page 191

Marbury on the Thames: Separation of Powers in the United Kingdom’s Nascent Supreme Court

by Debra Perlin

Abstract
This paper will focus on the ways in which the United Kingdom’s Supreme Court—both in its founding and in subsequent judicial decisions—has taken a different tack from Marbury by asserting its power not based on judicial supremacy, but instead by relying on international legal obligations to police superior branches of government. More specifically, it will focus on the court’s use in Evans of international legal regimes to enforce separation of powers. Finally, it will address the implications that Brexit may have on this evolving jurisprudential approach.

Download full article here

Post navigation