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European Union (Amendment) Bill

The hon. Gentleman will presumably quote cases such as McCarthys Ltd. v. Smith, in which Lord Denning said that if this Parliament were to pass an Act incompatible with European law, and yet not withdraw from the European Union, the English judges would follow what we say. That is certainly one view; there are others. Professor David Feldman, who, among other things, is professor of constitutional law at Cambridge university—he used to work in this House—suggested that what might happen is that the English judges would refer the question to the European Court of Justice, which would then, working within its frame of reference, come to a different decision. That was the point that I was trying to make about there being different legal orders. We are supreme within our own legal order, but not somebody else's.