The Right Honourable Boris Johnson MP v The Prime Minister<: a (fictional) entrenchment problem – and solution (?)
Loveland, I. 
ORCID: 0000-0001-9188-8217 (2022).
The Right Honourable Boris Johnson MP v The Prime Minister<: a (fictional) entrenchment problem – and solution (?).
King's Law Journal, 33(3),
pp. 411-454.
doi: 10.1080/09615768.2022.2123125
Abstract
This paper presents a hypothetical Supreme Court judgment issued in response to a similarly hypothetical entrenchment problem arising in the context of the United Kingdom's withdrawal from the European Union. The article imagines a scenario in which a Conservative government facing electoral defeat presses legislation through Parliament which is intended to entrench - to a very high degree - the United Kingdom's withdrawal. The hypothetical litigation suggests that the Supreme Court would upheld such legislation in the face of a subsequent statute passed in the ordinary way which purports to repeal the earlier Act.
| Publication Type: | Article |
|---|---|
| Additional Information: | © 2022 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited |
| Publisher Keywords: | United Kingdom, Parliamentary sovereignty, entrenchment, manner and form |
| Subjects: | J Political Science > JN Political institutions (Europe) K Law > KD England and Wales |
| Departments: | The City Law School > Academic Programmes |
| SWORD Depositor: |
Available under License Creative Commons Attribution.
Download (590kB) | Preview
Download (581kB) | Preview
Export
Downloads
Downloads per month over past year
Metadata
MetadataActions (login required)
Admin Login