tag:blogger.com,1999:blog-25656996.post7597626917267427068..comments2024-03-28T21:47:05.704+00:00Comments on David Lindsay: The High Court of ParliamentDavid Lindsayhttp://www.blogger.com/profile/06839882674758833524noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-25656996.post-15467043864127151262009-11-28T18:29:22.483+00:002009-11-28T18:29:22.483+00:00Who is 'they' and where have 'they'...Who is 'they' and where have 'they' been advocating this? Again, I don't think you seem to understand: in fact and in law, the UK Supreme Court has no more powers than did the House of Lords sitting as a final court of appeal. These powers do not include the ability to strike down primary legislation. <br /><br />If you know any differently, could you please cite authority?Willnoreply@blogger.comtag:blogger.com,1999:blog-25656996.post-79064381824654031522009-11-27T18:46:43.757+00:002009-11-27T18:46:43.757+00:00Oh, they have been advocating this for ever, or at...Oh, they have been advocating this for ever, or at least for a very long time. They are part of the gang.<br /><br />If it were simply a continuation, then things would have been left as they were. The only reason for a Court detached from Parliament and rendered Supreme is to strike down statutes with nothing that can be done when that happens. That is the whole point of the thing.David Lindsayhttps://www.blogger.com/profile/06839882674758833524noreply@blogger.comtag:blogger.com,1999:blog-25656996.post-87969437891128366282009-11-27T18:43:14.491+00:002009-11-27T18:43:14.491+00:00Again, what's your basis for saying this? What...Again, what's your basis for saying this? What legal or political instrument, in your view, gives the Supreme Court (which is simply a continuation, albeit under a new name, of the judicial role of the House of Lords) this power? Because if you have discovered one, legal academics in this country would love to know about it.Willnoreply@blogger.comtag:blogger.com,1999:blog-25656996.post-36329018610082488092009-11-27T16:00:15.719+00:002009-11-27T16:00:15.719+00:00This is the only reason to have a Supreme Court, a...This is the only reason to have a Supreme Court, and this is certainly what it will do.David Lindsayhttps://www.blogger.com/profile/06839882674758833524noreply@blogger.comtag:blogger.com,1999:blog-25656996.post-65567506788383687752009-11-27T09:29:11.247+00:002009-11-27T09:29:11.247+00:00"a Supreme Court detached from Parliament and..."a Supreme Court detached from Parliament and, being Supreme, both enjoying and, soon enough, exercising the right to strike down the Statute Law"<br /><br />Tell me more about this. What's your legal authority? Factortame? HRA s4? One allows the court, in limited circumstances, for limited purposes, to disapply some provisions of UK law and instead apply contrary EC regulations-as was explicitly envisaged in an Act of the sovereign UK Parliament. The other allows all superior courts to state, where they come to that conclusions, that a provision of primary legislation is incompatible with HRA rights. The section is also absolutely explicit in saying that the legal force of the provisions is unchanged by the making of a declaration of incompatibility. A DoI doesn't even affect the legal rights or standing of the parties to the case.<br /><br />So, to be honest, I'm not entirely sure what you're talking about here.Willnoreply@blogger.com