Luke McDonagh:what future for the rule of law and human rights in the new populist environment?

When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur in a liberal democratic society between the ruling executive/legislature and the judiciary. One thing that is readily apparent is that these tensions – which have for some time been adequately managed in the UK via the Human Rights Act declaration of incompatibility mechanism and a general judicial deference towards Parliament – are now in danger of spinning out of control. This is likely to have significant negative consequences for the protection of human rights in the UK, and may lead to a sharp narrowing of what we conceive of as the rule of law.