Legal skills and debates in Scotland
Legal skills and debates in Scotland

This free course is available to start right now. Review the full course description and key learning outcomes and create an account and enrol if you want a free statement of participation.

Free course

Legal skills and debates in Scotland

3.2  The declaratory theory and judicial deference

Alongside the constitutional principles of parliamentary sovereignty and the separation of powers, there exist some principles and theories that encourage the idea that the judiciary should not and does not interfere with Parliament’s sovereign law-making ability. Here we will look at two of these, the declaratory theory of law and the principle of judicial deference. The declaratory theory of law is a theory of how law is interpreted by the courts in practice: it supports the idea that judges do not impinge on Parliament’s law-making competence. Judicial deference is a constitutional principle that supports the idea that the judiciary should not overstep its constitutional role in relation to Parliament.


Take your learning further

Making the decision to study can be a big step, which is why you'll want a trusted University. The Open University has nearly 50 years’ experience delivering flexible learning and 170,000 students are studying with us right now. Take a look at all Open University courses.

If you are new to university level study, find out more about the types of qualifications we offer, including our entry level Access courses and Certificates.

Not ready for University study then browse over 900 free courses on OpenLearn and sign up to our newsletter to hear about new free courses as they are released.

Every year, thousands of students decide to study with The Open University. With over 120 qualifications, we’ve got the right course for you.

Request an Open University prospectus