Annex A-Terms of Reference |
1) What is the constitutional role of
the judiciary and in what principal respects would the role of
change if the United Kingdom were to move towards a codified constitution?
2) What forms of consultation with the
judiciary would be necessary to ensure that the legal and judicial
implications of codifying the constitution were taken into account?
3) If the UK were to have a codified
constitution, what powers should the courts have if they held
that a piece of legislation was unconstitutional?
a) What would be the implications
of these powers on existing constitutional doctrines, including
parliamentary sovereignty and judicial review?
b) In the context of question 3,
what can we learn from the interaction between the UK courts and
the European Court of Justice and European Court of Human Rights?
4) If there were a codified constitution,
should the courts be able to assess the constitutional validity
of a Bill before it becomes an Act? What would be the advantages
and disadvantages of such a system?
5) Would a Constitutional Court function
best as part of the Supreme Court, or should it be separate? If
the latter, how should it be appointed?
6) When considering the constitutional
role of the judiciary in the context of a codified constitution,
are there any particularly instructive lessons to be drawn from
other countries with common law jurisdictions and written constitutions?