Utopia, you are standing in it!

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Tom Spencer: The Sovereignty of Parliament, the Rule of Law, and the High Court of Parliament

July 18, 2019

UK Constitutional Law Association

Introduction

The treatment of ouster clauses in R (Privacy International) v Investigatory Powers Tribunal has been said to violate parliamentary sovereignty.  This post disagrees.  That assertion, it argues, misapprehends the rule of law as founded upon the sovereignty of ‘Parliament’ by ‘the High Court of Parlyament’ as recognised in the Crown and Parliament Recognition Act 1689.  The separation of the supreme court from the legislature in O’Connell v R, and the creation of the Supreme Court by the Constitutional Reform Act 2005, undo neither the parliamentary character of the Court nor its participation in the sovereignty of Parliament.  This view supports the dicta of Lord Carnwath in Privacy International, with whom Lady Hale and Lord Kerr agreed, that courts may refuse to recognise or enforce ouster clauses.

A Brief Chronology

In the seventeenth century the supreme court of England and Wales was part of ‘Parliament’. …

View original post 1,891 more words

Advertisements

Leave a Reply

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

The Skeptical Doctor

Dedicated to the work of Theodore Dalrymple

Books & Boots

reflections on books and art

Legal History Miscellany

Posts on the History of Law, Crime, and Justice

English Legal History

Making English Legal History easy and enjoyable to digest.

Right From Yaad

A view from "the Right", as a source of ideas to create a new vision of freedom and what it promises for Jamaicans, to counter the tyranny of the status quo of Jamaica's reality since 1962.

JoNova

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Ottomans and Zionists

Blogging about Turkey and Israel, the two most interesting countries in the Middle East

TERF is a slur

Documenting the abuse, harassment and misogyny of transgender identity politics

No Punches Pulled

Laughter – the best medicine

The Dangerous Economist

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Sex, Drugs and Economics

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Economic Growth in History

Nuno Palma's economic and political history blog

The Logical Place

Tim Harding's writings on rationality, informal logic and skepticism

RGS History

The Newcastle RGS History blog

Nick Cohen: Writing from London

Journalism from London.

4thWaveNow

A community of parents & others concerned about the medicalization of gender-atypical youth

Women Are Human

Independent source for the top stories in worldwide gender identity news

Trans Crime UK

Documenting crimes committed by transgender individuals in the UK

Flip Chart Fairy Tales

Business Bullshit, Corporate Crap and other stuff from the World of Work

The Long Run

the EHS blog

Sir John Cowperthwaite

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

The Undercover Historian

Beatrice Cherrier's blog

Vincent Geloso

Economics, History, Lots of Data and French Stuff

Climatism

Tracking Anthropogenic Climate Alarmism

MasterResource

A free-market energy blog

Science Matters

Reading between the lines, and underneath the hype.

Point of Order

Politics and the economy

The Secret Barrister

Independent Blogger of the Year, The Comment Awards 2016 & 2017

Coase to Coase AM

Writing on Economics

FREEcology

Libertarian environmentalism

Rothbard.com

Murray Rothbard, Libertarianism, and Anarcho-Capitalism

Doc's Books

A window into Doc Freiberger's library

Newmark's Door

Celebrating humanity's flourishing through the spread of capitalism and the rule of law

Green Jihad

The world's most read website that tells the truth about the environmentalist movement's holy war against mankind

Media Myth Alert

Calling out media myths

AUSTRIAN ECONOMICS ADDICT

Seeing the world through the lens of Austrian Economics

Uneasy Money

Commentary on monetary policy in the spirit of R. G. Hawtrey

%d bloggers like this: