Economics 3364A/B Study Guide - Quiz Guide: Jeremy Waldron, Uncodified Constitution, Parliamentary Sovereignty
25 Oct 2020
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Those exercising power are held to account through political processes (ministerial responsibility) and in political institutions (parliament) - Elsewhere there are legal constitutions where those exercising political power are held to account through legal processes (judicial review) and in judicial institutions (the courts) Law cant be separated from politics so democratic branches should resolve disagreements because: Judges are unelected so lack democratic legitimacy to be trusted: political branches can be held accountable for decisions at elections, parliamentary debates are better at resolving disagreements rather than court adjudications. Political constitution - those exercising political power held to account primarily through political processes (ministerial responsibility) and in political institutions (parliament) - controlled through parliament therefore legal institutions take a backseat. Legal constitution - those exercising political power held to account to substantial and increasing extent via legal process (judicial review) and in judicial institutions (courts)
