Ten years on: Is the Supreme Court more activist?
Among the key issues arising from Brexit, the Supreme Court cases Miller 1 and Miller 2 occupy a central place. These rulings have significantly enriched British constitutional law. Above all, they revealed the Court’s growing institutional role, particularly because of the influence of European int...
Saved in:
| In: | URI:https://journals.openedition.org/osb, |
|---|---|
| Main Author: | |
| Format: | Article ou chapitre numérique |
| Language: | Anglais |
| Published: |
Observatoire de la société britannique
2026
|
| Subjects: | |
| Online Access: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Summary: | Among the key issues arising from Brexit, the Supreme Court cases Miller 1 and Miller 2 occupy a central place. These rulings have significantly enriched British constitutional law. Above all, they revealed the Court’s growing institutional role, particularly because of the influence of European integration and the European Convention on Human Rights. By striking down several key initiatives of the Government, several Court judgments between 2016 and 2025 provoked criticism from parts of the political class, which argued that the judiciary had stepped beyond its traditional remit. Although the Supreme Court has become more visible through a series of landmark decisions, the decade under review does not support the hypothesis of a judicial activism that would endanger British democracy. A rigorous examination of the Court’s most significant rulings concerning the separation of powers, fundamental rights and freedoms, and devolution demonstrates this. |
|---|