“CONSTITUTIONALISM AND JUDICIAL PRECEDENT IN THE UK”

Abstract

This paper sets out to explore the doctrine of judicial precedent in the UK in the context of a developing constitutionalism. By this latter term I mean a move from the constitution being seen in purely descriptive terms as ‘what happens’ in the UK to a situation where legal as well as political forces both limit and direct state power according to constitutional principles which accord with international norms. I will begin by setting out the current constitutional context within which precedent operates, will move on to explore the scope of the doctrine and finally I will assess the operational impact of the doctrine in relation to United Kingdom cases on the European Convention ნon Human Rights and Fundamental Freedoms, before concluding.