I believe that what Lord Hope is saying is that this House could pass an Act that was not, in itself, lawful. What amendment 41 would achieve is a reassertion of the fact that this House could not do anything of the kind and that any act of this House is superior to any judgment of any court. If these arrangements are based on the rule of law, rather than the supremacy of Parliament, the judges could always overrule Parliament, and that is extraordinarily dangerous.
European Union Bill
Proceeding contribution from
Jacob Rees-Mogg
(Conservative)
in the House of Commons on Tuesday, 11 January 2011.
It occurred during Debate on bills
and
Committee of the Whole House (HC) on European Union Bill.
About this proceeding contribution
Reference
521 c213 Session
2010-12Chamber / Committee
House of Commons chamberSubjects
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