Why did the idea of judicial review suggested by Bonham’s Case not become established in England?

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The principle of judicial review suggested by Bonham’s Case (1610)—in which Sir Edward Coke asserted that the common law could void acts of Parliament if they were against common right or reason—never became established in England for several reasons:

  • Abandonment of the Doctrine: The principle failed to take hold, and Coke himself appears to have abandoned the idea later in his career.1
  • Parliamentary Supremacy: It is a fundamental tenet of the British constitution that Parliament is supreme and can enact any legislation it chooses. Because the English constitution evolved through custom rather than a written document, there is no formal mechanism for courts to strike down primary legislation.2
  • Constitutional Evolution: Following the constitutional struggles of the 17th century, the independence of the judiciary was established, but this was balanced by the principle that legislation must emanate from the "crown in Parliament." Consequently, the role of the courts became focused on ensuring the executive acts within the law, rather than questioning the validity of parliamentary acts.3