The power of Judicial Veto

The idea is simply this: 

Should the UK Supreme Court have the power to strike down legislation for being unconstitutional? 

A legal problem any law student will be familiar with. Clearly in the US this is the case and certainly the Supreme Court can override Parliment in regards to rules that breach its commitments under the EU famously decided in the 1980's. 


- Provides a guarantor for citizens Human and constitutional rights

- Is a check on Legislative and Executive power


-  Entrenches the Constitution

-  Undermines the soverignity of Parliment/ limits its flexiability 


edited on Jan 28, 2015 by Emma McNulty

John Z Apr 5, 2015

This provision should go hand-in-hand with "separation of powers" and the "Judiciary being equal in power to Parliament".  Only then can a judicial veto have true legal authority.

Ian Smith Apr 6, 2015

Dear All,

I suggest that this idea be considered together with the idea "The Relationship between the Constitution and Ordinary Statutes" located in the amending the constitution topic.  That other idea expresses a mechanism by which the constitution shall prevail and by which the courts shall declare incompatible provisions to be "unenforceable" (perhaps more of a UK term and cleare than the phrase "struck down"). 

Kind regards


Ian Smith Apr 6, 2015

I should make clear the the other idea is consistent with and provides the procedure by which the judicial veto is exercised.  Ian

Andrew Cullyer Apr 7, 2015

It is a very useful piece of wording and is entirely consistent with the intention but I would like to propose a further formulation if I may:

Where Human rights legislation and Constitutional wordings conflict the Human rights wording shall be given precedence.

The constitution shall be interpreted with reference to current Human Rights (be it the EHR or a different set.)

This is a bit pedantic but I think necessary.    

Malcolm Ramsay Apr 8, 2015

I've just posted first draft refined versions of my idea 'Requirement for coherent law' – – which overlaps with this, and the related idea 'Duty to maintain the integrity of the law' –


Users tagged:

Tom Austin Apr 17, 2015

An interesting article...