1. Should judges decide political questions? 2. Politics is able both democratically and effectively to stop government, to check the exercise of executive power, to hold it to account. The courts,...

1. Should judges decide political questions?

2. Politics is able both democratically and effectively to stop government, to check the exercise of executive power, to hold it to account. The courts, no matter what their powers and what their composition, will always find it more difficult.’ ( A. Tomkins, Our Republican Constitution (Hart, 2005), p. 10)

Critically assess this viewpoint.

3. The United Kingdom Constitution is in transition; the rule-based, judicially-enforced, constitution is slowly consigning the flexible, “political” constitution to history.’

Discuss.