At present, according to Professor Bogdanor, “the British constitution is coming to mean different things to different people”. Either Parliament will defeat the challenge of the judges, or the Human Rights Act will trump Parliament. What to him seems unlikely is that the current compromise embodied in the 1998 Act can survive over the long term. Admitting that his sympathies lie with the judges, he says that there may be “many squalls, and indeed storms” before a new constitutional settlement emerges. That should worry all of us.
It was not until Marbury v. Madison in 1803 that the US Supreme Court assumed the power to rule acts of Congress unconstitutional. Will it take the new UK Supreme Court as long to attempt to overrule Parliament?