alt Hacker News> The details of how to override a ruling against the executive does differ between countries, and also on whether its considered just an interpretation of law or a constitutional question. Both the US and France have a written constitution that's binding on other branches, while the UK does not.
Yeh. In the UK, the supreme court can not strike down primary legislation. It can rule executive actions are not following the primary legislation or unwritten constitutional rules, but if parliament passes a law that says oranges are now green, the supreme court is in no position to challenge it.
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> if parliament passes a law that says oranges are now green, the supreme court is in no position to challenge it.
It’s a good thing MPs are serious people and Parliament would never do that, right? :)
The UK does have the Principle of Legality, which is a way for courts to strike down an application of primary legislation by requiring a clear statement to abrogate common law and constitutional norms: https://ukconstitutionallaw.org/2024/05/20/hayley-hooper-his...
An interesting twist to UK constitutional jurisprudence is that until relatively recently the House of Lords was the highest court. In fact, the very origin of Parliament was as a court. The devolution of legislative and judicial (and executive) powers from the king had always been intertwined. So contrasting constitutional judicial review between the US and UK by gesturing at the principle of Parliamentary Supremacy didn't necessarily prove anything as the House of Lords was, in a sense, Parliament. (This was often a rebuttal for when people brought up the Principle of Legality as contradicting Parliamentary Supremacy, or otherwise interjected in discussions of judicial review in the UK.) Now that the highest court is independent, the next 100 years of constitutional jurisprudence in the UK should prove interesting.