Richard Ekins Judicial Supremacy Flashcards
What is Richard Ekins’ main argument regarding judicial supremacy within the Westminster legal system?
Ekins argues against judicial supremacy and maintains that legislative supremacy, or the sovereignty of Parliament, is preferable and should be upheld by judges.
How does Richard Ekins critique the argument for judicial supremacy?
Ekins criticises the argument for judicial supremacy as an unlawful and politically undesirable assault on the foundational democratic principles of the Westminster system.
On what thesis do supporters of judicial supremacy rely according to Ekins?
Supporters of judicial supremacy rely on Ronald Dworkin’s thesis that legal reasoning should provide the best moral justification for past legal practices, known as the constructive interpretation of legal practice.
How does Dworkin suggest judges should interpret the political structure of their community?
Dworkin suggests that judges should interpret the political structure of their community by seeking the best justifications in principles of political morality, from constitutional rules to private law details.
Why does Ekins argue that it is illegitimate for judges to use principles of political morality to undermine Parliament’s authority?
Ekins contends that it is illegitimate for judges to use principles of political morality to undermine Parliament’s authority, arguing that legal reasoning should not solely rely on the semantic analysis of the term ‘law’ as Dworkin proposes.
What does Ekins say about the argument for judicial supremacy and the Westminster constitution’s rule of recognition?
Ekins asserts that the argument for judicial supremacy is inconsistent with the Westminster constitution’s rule of recognition, which is a fundamental principle that acknowledges Parliament’s legislative authority.
What is Ekins’ conclusion about the traditional view of Parliamentary sovereignty?
Ekins concludes that even if some believe that political theory has legal effectiveness, the traditional view of Parliamentary sovereignty remains legally and democratically superior to judicial supremacy and should be upheld by the judiciary.
