The Begum Case, Discretion, and Parliamentary Sovereignty: Unmaking the Constitutional Subject

Devyani Prabhat

The Begum Case, Discretion, and Parliamentary Sovereignty: Unmaking the Constitutional Subject

Research output: Chapter in Book/Report/Conference proceeding › Chapter in a book

Abstract

Constitutional claims become particularly contentious in the arena of national security. Drawing on the Begum case on cancellation of British citizenship, issues of parliamentary sovereignty, the Human Rights Act, national security, deference, and discretion are illustrated in this chapter. The voice of racialised categories can become silenced in these constitutional disputes. The aim of this chapter is to unpack how such silencing may happen in the name of majoritarian democracy.

Original language	English
Title of host publication	Diverse Voices in Public Law
Editors	Elizabeth O'Loughlin , Se-shauna Wheatle
Publisher	University of Bristol Press
Number of pages	16
Publication status	Published - 27 Jun 2023

Keywords

Constitutional Subject
National Security
Human Rights
citizenship
discretion
Parliamentary Sovereignty

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title = "The Begum Case, Discretion, and Parliamentary Sovereignty: Unmaking the Constitutional Subject ",

abstract = "Constitutional claims become particularly contentious in the arena of national security. Drawing on the Begum case on cancellation of British citizenship, issues of parliamentary sovereignty, the Human Rights Act, national security, deference, and discretion are illustrated in this chapter. The voice of racialised categories can become silenced in these constitutional disputes. The aim of this chapter is to unpack how such silencing may happen in the name of majoritarian democracy. ",

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AB - Constitutional claims become particularly contentious in the arena of national security. Drawing on the Begum case on cancellation of British citizenship, issues of parliamentary sovereignty, the Human Rights Act, national security, deference, and discretion are illustrated in this chapter. The voice of racialised categories can become silenced in these constitutional disputes. The aim of this chapter is to unpack how such silencing may happen in the name of majoritarian democracy.

KW - Constitutional Subject

KW - National Security

KW - Human Rights

KW - citizenship

KW - discretion

KW - Parliamentary Sovereignty

M3 - Chapter in a book

BT - Diverse Voices in Public Law

A2 - O'Loughlin , Elizabeth

A2 - Wheatle, Se-shauna

PB - University of Bristol Press

ER -

The Begum Case, Discretion, and Parliamentary Sovereignty: Unmaking the Constitutional Subject

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