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Why Do We Need A Sovereignty Bill?

Von: Maria (oldwoman@theshoe.ac.uk) [Profil]
Datum: 04.11.2009 23:06
Message-ID: <puidnVCu1Ph0Z2zXnZ2dnUVZ8iudnZ2d@bt.com>
Newsgroup: uk.legalalt.politics.british uk.politics.misc
This principle has been set for a long time.

'And, so far as withdrawal under I-59 is concerned, fortunately there is
a second, more powerful, string to the bow. In the Metric Martyrs' case,
Lord Justice Laws made an intriguing ruling: that Parliament does not
have the power to divest itself of its own sovereignty. In Britain,
sovereignty is derived from the people and, effectively, lent to Parliament.

"...Parliament cannot bind its successors by stipulating against repeal,
wholly or partly, of the 1972 Act. Thus there is nothing in the 1972 Act
which allows the [European] Court of Justice, or any other institutions
of the EU, to touch or qualify the conditions of Parliament's
legislative supremacy in the United Kingdom. Not because the legislature
chose not to allow it; because by our law it could not allow it. That
being so, the legislative and judicial institutions of the EU cannot
intrude upon those conditions. The British Parliament has not the
authority to authorise any such thing. Being sovereign, it cannot
abandon its sovereignty."

This ruling echoes John Locke's argument that:

"The Legislative cannot transfer the power of making laws to any other
hands. For it being but a delegated power from the People, they who have
it cannot pass it to others."

http://www.brugesgroup.com/news.live?article$3&keyword#ratification

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