UK Constitutional Law Association
There have been two competing visions of the constitution battling it out since the Brexit referendum in 2016, which David Howarth described on this blog as the Whitehall view and the Westminster view. The Whitehall view is that the UK constitution, and the relationship between Parliament and Government in particular, is designed to allow the Government of the day to deliver its promises to the electorate. Parliament’s role is to scrutinise how those promises, as well the everyday decisions of Government, are delivered, no more no less. The relationship between Parliament and Government is a purely political one, and therefore raises no questions that are relevant to the courts. The Westminster view, I would argue, is based on the notion that the UK constitution is based on a number of constitutional principles that ensure that Parliament is ‘the senior partner’. Those principles, despite not being codified and subject to legislative…
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