ABSTRACT

The United Kingdom (UK) offers a distinctive case study of the role of courts and Parliament in a modern parliamentary democracy during a period of rapid change and uncertainty. Human rights in the UK courts is highly contentious amongst academics and politicians that raise questions about the legitimacy of the European Convention on Human Rights (ECHR), the jurisprudence of the Strasbourg Court and its application to UK domestic law. The rationale and justification offered for UK sovereignty is defined in terms of democratic mandates achieved through elected government. There are pressures on the role of the courts in terms of accountability and oversight. Expanding the role of the UK's Supreme Court is favoured by some academics as a way of ensuring that judicial oversight is facilitated and improved. Constructing a constitutional court on the lines of Germany might be seen as a possible way forward.