The Westminster Model, Governance and Judicial Reform

摘要

How are we to interpret judicial reform under New Labour? What are its implications for democracy? This paper argues that the reforms are part of a broader process of juridification. The Westminster model, as derived from Dicey, upheld a concept of parliamentary sovereignty that gives a misleading account of the role of the judiciary. Juridification has arisen along with new theories and new worlds of governance that both highlight and intensify the limitations of the Westminster model so conceived. New Labour's judicial reforms are attempts to address problems associated with the new governance. Ironically, however, the reforms are themselves constrained by a lingering commitment to an increasingly out-dated Westminster model.