Has the UK Supreme Court Become More Restrained in Public Law Cases?
In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn. It...
| Publicado en: | Modern Law Review Vol. 87; no. 5; pp. 1073 - 1111 |
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| Formato: | Artículo |
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Wiley-Blackwell
Sep2024
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=179808694&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 179808694 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 00267961 D8H jtl: Modern Law Review issn: 00267961 maglogo: Y pubinfo: dt: Sep2024 vid: 87 iid: 5 pid: 480 pub: Wiley-Blackwell artinfo: ui: 179808694 10.1111/1468-2230.12866 ppf: 1073 ppct: 38 formats: fmt: – @attributes: type: T – @attributes: type: P size: 414KB tig: atl: Has the UK Supreme Court Become More Restrained in Public Law Cases? aug: au: Graham, Lewis su: Public law Conservatism Constitutionalism Appellate courts United Kingdom sug: subj: United Kingdom Public law Conservatism Constitutionalism Appellate courts ab: In recent years, a number of academics, judges and politicians have noted that the UK Supreme Court has adopted a more restrained approach when it comes to public law than it had done previously. This article assesses the quantitative and qualitative evidence for this apparent conservative turn. It finds that, in a number of important respects, the Court has indeed adopted a more restrained approach to public law issues in recent years. However, conservatism and caution are not apparent across the board, and there are a number of areas in which the approach of the Court has been anything but restrained. Overall, the Court should not be considered ideologically conservative, nor should it be deemed constitutionally supine. Rather, it is most accurate to suggest that the Court is basing its judgments on a vision of the law rooted in the tradition of political constitutionalism. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: Copyright of Modern Law Review is the property of Wiley-Blackwell and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. item: Modern Law Review holder: Wiley-Blackwell dt: @attributes: year: 2024 holdings: @attributes: islocal: N |
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