ABSTRACT
This chapter problematizes the inherent jurisdiction of the High Court of England and Wales in forced marriage cases where the legal competence of a disabled person who also belongs to a distinct ‘normative community’ is contested. This extension of the jurisdiction is justified by the shortcomings of statutory law, but raises the question: who makes sure that the English courts will not abuse their powers? The lack of effective checks and balances means that the potentially limitless powers granted by the jurisdiction may be used at the paradoxical and worrying cost of reducing the autonomy of the very people it purports to protect.
