Could the UK ever have a written constitution, and how would it affect the UK Supreme Court?
In this week’s NLJ, Sir Geoffrey Bindman KC looks across the pond to the US Supreme Court, which has powers to ‘nullify legislation’ by declaring it incompatible with the written US constitution.
Bindman highlights the disadvantages of the US system. He writes that, in the UK, there ‘are still politicians who favour a written constitution. The politicisation of the US Supreme Court should be a powerful warning against it.’
Is it inevitable that a written constitution would undermine judicial independence? Bindman lists the many far-reaching judgments in the US since the last three appointments were made. He discusses former US president Donald Trump’s recent involvement in court cases and also notes recent political pressures that have come about in the UK.
