Miles Geffin: The Judiciary: Shifting the Constitutional Boundary and Usurping Parliament's Role?

11 JUN 2008

Miles Geffin, Professional Support Lawyer, Mishcon de Reya

The extent to which, in any circumstances, the judiciary has a mandate to shift the constitutional boundary between Parliament and the courts on issues of public policy is a highly controversial question. Where is the line to be drawn between, on the one hand, legitimate judicial interpretation and, on the other, improper judicial legislation? This article considers whether the courts have any legitimate authority to create a principle of equal sharing of assets on divorce and then, reactively, to recognise and enforce the terms of pre-nuptial agreements.

For the full article, see June [2008] Family Law journal.

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