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Would it be contrary to democratic principles if the courts were to refuse to give effect to a statutory provision ousting the judicial review jurisdiction of the courts in relation to a Tribunal's decision, as the Government's Asylum and Immigration
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Would it be contrary to democratic principles if the courts were to refuse to give effect to a statutory provision ousting the judicial review jurisdiction of the courts in relation to a Tribunal's decision, as the Government's Asylum and Immigration [Treatment of Claimants, etc.] Bill 2004 proposed to do? The above question necessitates the discussion of two principles, namely, a discussion of the democratic principles of the British political system and a discussion requiring the comparison of the principles of Parliamentary Supremacy and the Rule of Law - 'the twin principles which underpin our constitution.'1 However, in investigating the above three principles, the discussion will have to take into account, to some extent, the constitutional context and justification for judicial review. This would require an examination of the 'ultra vires' and the common law theories, which will later be linked to the principles of Parliamentary Supremacy and the Rule of...
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