In this public debate, chaired by Joshua Rozenberg, a panel of leading academics, judges, and policymakers will debate the role of courts in a democracy generally, and specifically, whether the American model of judicial supremacy is right or inevitable for the UK.
The debate will examine the growing trend towards the âjudicialization of politicsâ, in which judges are increasingly implicated in settling policy disputes, especially in the context of constitutional rights. Critics point out that rights jurisdiction tends to make judges supreme in the policy process, thereby undermining the underlying basis of democracy (popular sovereignty). Questions to be addressed include:
Will this trend affect Parliamentâs democratic sovereignty in the UK?
And is the creation of the UK Supreme Court a step in this direction?
Will parliamentary sovereignty be undermined by the trend towards 'governing with judges', whereby elected politicians delegate to judges policy decisions that ought to be taken democratically insofar as they affect the public?
Are there any scenarios in which the UK government would be in the right to ignore or reverse the decisions of UK judges or the ECtHR?
How will these developments affect the balance of powers in the UK in the future?