IDEAS home Printed from https://ideas.repec.org/a/taf/pubmmg/v35y2015i1p57-61.html
   My bibliography  Save this article

New development: The courts and multi-level governance-some comparative perspectives on the emerging jurisprudence of the UK Supreme Court

Author

Listed:
  • Matt Qvortrup

Abstract

In federal systems the courts are accorded the important role of policing the boundaries of the constitutionally specified powers given to the legislature and the executive. The devolution statutes enacted by the UK parliament have created a semi-federal system, in which the courts increasingly have been called upon to adjudicate on whether sub-national legislative bodies have acted ultra vires. Following a comparative overview of the theory and practice of court adjudication in overseas systems of multi-level governance, the leading cases of the British Supreme Court and the House of Lords are considered. It is proposed that Britain-almost by default-has become a semi-federal court somewhat akin to the US Supreme Court and the German Bundesverfassungsgericht.

Suggested Citation

  • Matt Qvortrup, 2015. "New development: The courts and multi-level governance-some comparative perspectives on the emerging jurisprudence of the UK Supreme Court," Public Money & Management, Taylor & Francis Journals, vol. 35(1), pages 57-61, January.
    • Handle: RePEc:taf:pubmmg:v:35:y:2015:i:1:p:57-61
    DOI: 10.1080/09540962.2015.986882
    as

    Download full text from publisher

    File URL: http://hdl.handle.net/10.1080/09540962.2015.986882
    Download Restriction: Access to full text is restricted to subscribers.
    File URL: https://libkey.io/10.1080/09540962.2015.986882?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    1. Dicey, Albert Venn, 1915. "Introduction to the Study of the Law of the Constitution," History of Economic Thought Books, McMaster University Archive for the History of Economic Thought, edition 8, number dicey1915.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Åsbjørn Melkevik, 2016. "No progressive taxation without discrimination? On the generality of the law in the classical liberal tradition," Constitutional Political Economy, Springer, vol. 27(4), pages 418-434, December.
    2. James A. Dorn, 2014. "Equality, Justice, and Freedom: A Constitutional Perspective," Cato Journal, Cato Journal, Cato Institute, vol. 34(3), pages 491-517, Fall.
    3. Licht, Amir N. & Goldschmidt, Chanan & Schwartz, Shalom H., 2007. "Culture rules: The foundations of the rule of law and other norms of governance," Journal of Comparative Economics, Elsevier, vol. 35(4), pages 659-688, December.
    4. Bruce Yandle, 1993. "Sir Edward Coke and the struggle for a new constitutional order," Constitutional Political Economy, Springer, vol. 4(2), pages 263-285, March.
    5. James Dorn, 1991. "Madison's constitutional political economy: Principles for a liberal order," Constitutional Political Economy, Springer, vol. 2(2), pages 163-186, March.
    6. Adam Cygan, 2022. "Legislating for Brexit: ‘The People’ versus Parliament?," Global Policy, London School of Economics and Political Science, vol. 13(S2), pages 47-57, April.
    7. Catalin-Silviu Sararu, 2017. "Administrative litigation systems in Europe," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 7(1), pages 227-235, June.
    8. Jennifer Huddleston, 2021. "Judicial engagement in classical Liberal public governance: a response and extension to Aligica, Boettke, and Tarko," The Review of Austrian Economics, Springer;Society for the Development of Austrian Economics, vol. 34(3), pages 361-371, September.
    9. James A. Dorn, 1990. "Introduction: Federalism and the Economic Order," Cato Journal, Cato Journal, Cato Institute, vol. 10(1), pages 1-15, Spring/Su.
    10. Licht Amir N., 2008. "Social Norms and the Law: Why Peoples Obey the Law," Review of Law & Economics, De Gruyter, vol. 4(3), pages 715-750, December.
    11. Harris, Jose, 2010. "Citizenship in Britain and Europe: some missing links in T.H. Marshall's theory of rights," Working papers of the ZeS 02/2010, University of Bremen, Centre for Social Policy Research (ZeS).
    12. Menkes Jerzy, 2018. "Custom in International Economic Law," Wroclaw Review of Law, Administration & Economics, Sciendo, vol. 8(2), pages 188-203, December.
    13. Shruti Rajagopalan, 2015. "Incompatible institutions: socialism versus constitutionalism in India," Constitutional Political Economy, Springer, vol. 26(3), pages 328-355, September.
    14. Shruti Rajagopalan & Richard Wagner, 2013. "Constitutional craftsmanship and the rule of law," Constitutional Political Economy, Springer, vol. 24(4), pages 295-309, December.
    15. Lall B. Ramrattan & Michael Szenberg, 2017. "American Exceptionalism: An Appraisal—Political, Economic, Qualitative, and Quantitative," The American Economist, Sage Publications, vol. 62(2), pages 222-246, October.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:taf:pubmmg:v:35:y:2015:i:1:p:57-61. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Chris Longhurst (email available below). General contact details of provider: http://www.tandfonline.com/RPMM20 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.