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Proceeding contribution from David Lidington (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

My hon. Friend is ingenious and teasing in his question, but I am here to represent the policies of the Government, not to account for what our party said a few years ago in opposition. My fear is that the impact of the amendment could be the opposite of what my hon. Friends who support it hope for. My hon. Friend the Member for Stone and Professor Tomkins have warned of a new trend of judicial activism, and my hon. Friend argued that powerful elements in the judiciary were seeking as a matter of policy to challenge the principle of parliamentary sovereignty. I find unpersuasive the argument that to introduce the word ““sovereignty”” into the Bill would quell that ambition. The word lacks a clear definition—we have found about 30 statutes that include it, and they all refer to territorial sovereignty, not to constitutional authority. There is no existing accepted definition, and I fear that the lack of a clear definition would encourage the very judges against whom my hon. Friends warn me to interpret the substance, scope and limits of sovereignty through judicial activism.


Secondary information

Type
Proceeding contribution
Reference
521 c249 
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