Judicialisation and the End of Parliamentary Supremacy
Shifting Paradigms in the Protection of the Rule of Law and Human Rights in the UK, France and the Netherlands.
Article by Gar Yein Ng written during her stay at MultiRights.
There is now a greater presence of the judiciary checking the legislature, moving away from the classical paradigm that the judge is the weakest branch of government. This article traces political and judicial developments in UK, France and the Netherlands, countries following a parliamentary supremacy model. The following questions are addressed:
- Are courts of the early 21st century willing to supervise a parliament that has been conceived as supreme?
- Have parliaments subsequently shown a willingness to be supervised by courts?
- From the comparative analysis, what has this meant for the separation of powers?
The article was published in the Global Journal of Comparative Law, Vol. 3, Issue 2, 2014, pp. 50-96. Read the article here.