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Proceeding contribution from David Heathcoat-Amory (Conservative) in the House of Commons on Monday, 15 May 2006. It occurred during Debate on bill on Legislative and Regulatory Reform Bill.


Legislative and Regulatory Reform Bill

My hon. Friend knows his constitutional law. It is established beyond doubt in all parts of the House that the Dicey doctrine, as I have heard it expressed, endures and that no Parliament can bind a successor. Although the Parliament at the time passed the 1972 Act, that is not entrenched and cannot bind a future Parliament. Also, treaty law is not ipso facto binding in domestic law. Some countries, such as France, have a unitary system. When they sign international treaties, by that act, the treaties are binding in French law. We do not have that system. In conclusion, new clause 17 is unexceptional. It clarifies the legal powers of the House and makes explicit the possibility of overriding international treaties and EU provisions. I therefore urge the House to accept it and I hope that we divide on the issue.


Secondary information

Type
Proceeding contribution
Reference
446 c764 
Session
2005-06
Chamber / Committee
House of Commons chamber
Subjects
Administration Costs Business Delegated legislation Juries EU law Government departments Legislation Law Commission Ministerial powers Northern Ireland Powers Public sector Parliamentary scrutiny Small businesses Regulation Reform Trials Taxation Legislative reform orders
Legislation
Legislative and Regulatory Reform Bill 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk