Date: 2024
Type: Article
Unconstitutionality à l'Anglaise : is the UK having its Marbury v Madison moment?
Verfassungsblatt, 2024, No. 5, pp. 976-978
MAJEWSKI, Kacper Jan, Unconstitutionality à l'Anglaise : is the UK having its Marbury v Madison moment?, Verfassungsblatt, 2024, No. 5, pp. 976-978
- https://hdl.handle.net/1814/77267
Retrieved from Cadmus, EUI Research Repository
After long and tortuous proceedings in Parliament, the Safety of Rwanda (Asylum and Immigration) Act 2024 finally received Royal Assent on Thursday 25 April. The bill had already grabbed attention before it was officially introduced, and it continued to excite constitutional lawyers at every stage of its enactment. There are so many problems with the Act and they are so fundamental that there has even been speculation that the courts might refuse to apply some of the Act’s provisions. This has never happened in the UK, though judges have dropped hints that it might if Parliament ever does the ‘unthinkable’. It looks like it just did. Still, it is difficult to tell if the UK is really having its Marbury v Madison moment. It is clear enough that even if the courts are asked to disapply the Act’s provisions or strike them down, they are likely to be very slow to take such radical steps. The political context, if anything, encourages caution: the upcoming general election looms large, as does the likely winners’ commitment to backing out of the Rwanda affair. But it is just as clear that a judicial intervention is no longer seen as completely impossible. By British standards, this is already an extreme situation.
Additional information:
First published online on Verfassungblog: 06 May 2024
Cadmus permanent link: https://hdl.handle.net/1814/77267
Full-text via DOI: 10.59704/bd8a3811bd7a8a0f
ISSN: 2366-7044
External link: https://verfassungsblog.de/unconstitutionality-a-langlaise/
Publisher: Verfassungsblog
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