Impact of Supreme Court

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”.