Chapter

Schuster and the Beginning of the End of Empire

Robert Stevens

in The Independence of the Judiciary

Published in print March 1997 | ISBN: 9780198262633
Published online March 2012 | e-ISBN: 9780191682377 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262633.003.0005
Schuster and the Beginning of the End of Empire

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As the judges increasingly sensed frustration at their declining status and role in the British Constitution, the irony was that at least for those members of the judiciary entitled to sit in the Judicial Committee of the Privy Council (Lords of Appeal, Lords Justices, and those who had held ‘high judicial office’), the work presented was of increasing importance in terms of policy issues. Yet the judges seemed almost unaware of the constitutional challenge. The myth of Dicey had convinced them that technical competence was all; which judges sat and how written constitutions should be dealt with were largely irrelevant.

Keywords: British Constitution; judges; judiciary; policy issues; judicial committee; Privy Council

Chapter.  7375 words. 

Subjects: Constitutional and Administrative Law

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