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Proceeding contribution from Bernard Jenkin (Conservative) in the House of Commons on Tuesday, 11 January 2011. It occurred during Debate on bill and Committee of the Whole House (HC) on European Union Bill.


European Union Bill

I think I am safe to agree with what the hon. Gentleman says, and that is why clause 18 is not a sovereignty case, as he says. Therefore, if he agrees with everything that I am saying, I cannot quite understand why he does not want to make clause 18 a sovereignty clause. It would be quite easy to do so. I cannot for the life of me understand this. What could be less contentious than a declaration in the Bill that said, ““The sovereignty of Parliament is hereby reaffirmed””? The idea that this would somehow open the issue of parliamentary sovereignty to judicial interpretation seems to me the daftest bit of legal advice of the lot. We make the statute and statute overrules everything, so if Parliament is sovereign and says in statute that it is sovereign, we clobber whoever challenges that; indeed—it is up to Parliament—we could actually sack the judge who tried to do that.


Secondary information

Type
Proceeding contribution
Reference
521 c235 
Session
2010-12
Chamber / Committee
House of Commons chamber
Subjects
Common law Constitutional and administrative law Judiciary EU law European communities Referendums Parliamentary scrutiny Sovereignty Treaties Reform UK membership of EU Supreme Court Rule of law
Legislation
European Communities Act 1972
European Union Bill 2010-12
Link
View this Proceeding contribution on www.publications.parliament.uk