The position would. . . seem to be that an alleged breach of Part 2 of the [Constitutional Reform and Governance] Act could, in principle, be justiciable, but courts are likely still to be reluctant to interfere with the exercise of the power when the issue involves policy concerning foreign relations.’
( J. Barrett, ‘The United Kingdom and Parliamentary scrutiny of treaties: recent reforms’ (2011) 60 ICLQ 225, 242)
Consider Barrett’s claim, and whether, in light of it, the reforms enacted under Part 2 of the Constitutional Reform and Governance Act 2010 will have any meaningful impact.
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