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The emergence of a UK constitutional court could be “one unintended consequence” of the new Supreme Court, Lord Neuberger has warned.
“I am not saying that this will or that it should happen. I am saying it may happen,” he said, delivering the Young Legal Group of the British Friends of the Hebrew University lecture.
This is because several factors have created a “climate” in which judges may eventually come to declare legislation “unconstitutional”. These factors include the Human Rights Act 1998, EU law and a greater use of judicial review.
Lord Neuberger, who became the Master of the Rolls last year, hit the headlines in September 2009 when he warned there was a danger of the new Supreme Court Justices “arrogating to themselves greater powers than they have at the moment”.
This is because several factors have created a “climate” in which judges may eventually come to declare legislation “unconstitutional”. These factors include the Human Rights Act 1998, EU law and a greater use of judicial review.
Lord Neuberger, who became the Master of the Rolls last year, hit the headlines in September 2009 when he warned there was a danger of the new Supreme Court Justices “arrogating to themselves greater powers than they have at the moment”.
The emergence of a UK constitutional court could be “one unintended consequence” of the new Supreme Court, Lord Neuberger has warned.
“I am not saying that this will or that it should happen. I am saying it may happen,” he said, delivering the Young Legal Group of the British Friends of the Hebrew University lecture.
Update from the Chair of the Bar
By David Green
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