The judiciary

Norton, Philip

Abstract

The power of judicial review thus provides the judiciary with a potentially significant role in the policy cycle. There has been a growth in judicial activism, preceding significant constitutional changes that have generated a new role for the judiciary. Under the doctrine of parliamentary sovereignty, the judiciary lacks the intrinsic power to strike down an Act of Parliament as being contrary to the provisions of the constitution or any other superior body of law. The literature on the judicial process in Britain is extensive. Thus, although the two generalisations that the judiciary constitutes a subordinate and autonomous branch of government – subordinate to the outputs of Parliament but autonomous in deciding cases – remain broadly correct, both are in need of some qualification. More than 90 per cent of criminal cases in England and Wales are tried in one of approximately 160 magistrates’ courts.

Citation

Norton, P. (2021). The judiciary. In B. Jones, P. Norton, & I. Hertner (Eds.), Politics UK (560-583). (10th ed.). Routledge. https://doi.org/10.4324/9781003028574

• Online Publication Date: Jul 29, 2021
• Publication Date: Jul 29, 2021
• Deposit Date: Apr 1, 2022
• Publisher: Routledge
• Pages: 560-583
• Edition: 10th ed.
• Book Title: Politics UK
• Chapter Number: 23
• ISBN: 9780367464059 ; 9780367464028
• DOI: https://doi.org/10.4324/9781003028574
• Public URL: https://hull-repository.worktribe.com/output/3884680