Judicial Power and the Balance of Our Constitution

christopher.white

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This collection reflects on the place of judicial power in the common law constitutional tradition. It is framed around two lectures by John Finnis. The first, delivered in Gray’s Inn in October 2015, considers the idea of judicial power in historical and philosophical perspective, outlining the balance that has long characterised the Westminster constitution, and considering the extent to which that balance is now in doubt.
Four eminent judge-jurists and one outstanding philosopher-legislator comment on the lecture, exploring the nature of judicial power and its changing character over time and across the common law world; a rejoinder by Finnis completes the exchange.
The second lecture, delivered in Lincoln’s Inn in December 2016, considers the separation of powers – the constitutional balance – in relation to the UK’s entry into, and withdrawal from, the EU. The lecture was delivered immediately before, and was much discussed in, the Supreme Court’s hearing of Miller (the Brexit cas

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Judicial Power and the Balance of Our Constitution