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, 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