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23 January 2020 / Dr Michael Arnheim
Issue: 7871 / Categories: Features , Constitutional law
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Time to recognise the sovereignty of Parliament?

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Policy v principle: Dr Michael Arnheim puts the case for codification
  • Codification is not just parliamentary legislation but parliamentary legislation in a coherent, logical, predictable—and principled—framework.

The role of law in the UK—and with it the power of the judges—has grown hugely at the expense of government and politics over the past half century. As judges are unelected, virtually irremovable and accountable to nobody, this is a serious blow to democracy.

There is, according to Lord Sumption (a Justice of the UK Supreme Court (UKSC) from 2012 to 2018) a ‘persistent habit of looking for legal solutions to what are really political problems’, leading to greatly enhanced power in the hands of unelected, irremovable and unaccountable judges. This is contrary to parliamentary sovereignty and democracy alike. This situation is connected with the ‘disarray and a marked lack of reliable principle’ identified by Lord Neuberger in the field of tort, but which is actually to be found more generally in UK law.

Solution

Yet a solution lies

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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