In the post-9/11 era, many legal scholars have advanced theories of constitutional law that make allowance for unreviewable discretionary decision making by the executive branch, particularly in the context of the “war on terror”. Drawing on Lockean constitutional theory for normative...

This article proposes that British courts have an inherent power to issue nonbinding, common law ldquo;declarations of unconstitutionalityrdquo; when Parliament legislates against constitutional norms. Courts have already recognized higher-order principles as part of an emerging constitutional...