The Right Honourable Boris Johnson MP v The Prime Minister: A (fictional) Entrenchment Problem – and Solution (?). (2nd September 2022)

• Record Type: Journal Article
• Authors: Loveland, Ian
• Is Part Of: King's law journal. Volume 33:Number 3(2022)
• Page Start: 411
• Page End: 454
• Publication Date: 2022-09-02
• Subjects: United Kingdom -- Parliamentary sovereignty -- entrenchment -- manner and form; Law -- Periodicals; Law -- Periodicals -- Great Britain; International law -- Periodicals; Law reviews -- Great Britain; 344
• DOI: 10.1080/09615768.2022.2123125
• Languages: English
• ISSNs: 1757-8442

Abstract

Abstract : This paper presents a hypothetical Supreme Court judgment issued in response to a similarly hypothetical entrenchment problem arising in the context of the United Kingdom's withdrawal from the European Union. The article imagines a scenario in which a Conservative government facing electoral defeat presses legislation through Parliament which is intended to entrench - to a very high degree - the United Kingdom's withdrawal. The hypothetical litigation suggests that the Supreme Court would upheld such legislation in the face of a subsequent statute passed in the ordinary way which purports to repeal the earlier Act.