• Supreme Court -v- Parliament

    From Jeff Gaines@21:1/5 to All on Tue Jul 25 07:36:46 2023
    The BBC is reporting the change in Israeli law:

    "The measure - part of a big reform package - will prevent the court from overruling government actions it considers unreasonable."

    Would something like this be possible in England? I thought Parliament
    (here) was paramount so could introduce laws to do pretty well what it
    liked - subject to being voted out of course or presumably a higher court
    like the ECHR or ICC.

    --
    Jeff Gaines Dorset UK
    Here we go it's getting close, now it's just who wants it most.

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  • From Fredxx@21:1/5 to Jeff Gaines on Wed Jul 26 09:18:13 2023
    On 25/07/2023 08:36, Jeff Gaines wrote:

    The BBC is reporting the change in Israeli law:

    "The measure - part of a big reform package - will prevent the court
    from overruling government actions it considers unreasonable."

    Would something like this be possible in England? I thought Parliament
    (here) was paramount so could introduce laws to do pretty well what it
    liked - subject to being voted out of course or presumably a higher
    court like the ECHR or ICC.

    I don't see the need for the change in Israeli law, so feel free to
    explain where I'm going wrong.

    My understanding is that they are fearful of the judiciary being able to overrule statute law on the basis of an existing human rights statute
    rather than common law. Why isn't an amendment placed in that Act as the
    same time there is a new Act that may be vulnerable to judicial review
    rather than a scatter-gun approach?

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  • From Simon Parker@21:1/5 to Jeff Gaines on Wed Jul 26 11:37:52 2023
    On 25/07/2023 08:36, Jeff Gaines wrote:

    The BBC is reporting the change in Israeli law:

    "The measure - part of a big reform package - will prevent the court
    from overruling government actions it considers unreasonable."

    Would something like this be possible in England? I thought Parliament
    (here) was paramount so could introduce laws to do pretty well what it
    liked - subject to being voted out of course or presumably a higher
    court like the ECHR or ICC.

    No such legislation would be necessary in the UK since the Supreme Court
    cannot "overrule" Parliament.

    It is an FAQ on the UKSC web-site [1]...

    Can the UKSC overrule the UK Parliament?

    No. Unlike some Supreme Courts in other parts of the world, the UK
    Supreme Court does not have the power to 'strike down' legislation
    passed by the UK Parliament. It is the Court's role to interpret the
    law and develop it where necessary, rather than formulate public policy.

    Regards

    S.P.

    [1] https://www.supremecourt.uk/faqs.html#1e

    P.S. I wouldn't presume to speak for others but I'd have had no problem approving this post in "the other place".

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  • From Jeff Gaines@21:1/5 to All on Wed Jul 26 10:56:03 2023
    On 26/07/2023 in message <kicbc1Fq751U12@mid.individual.net> Simon Parker wrote:

    On 25/07/2023 08:36, Jeff Gaines wrote:

    The BBC is reporting the change in Israeli law:

    "The measure - part of a big reform package - will prevent the court from >>overruling government actions it considers unreasonable."

    Would something like this be possible in England? I thought Parliament >>(here) was paramount so could introduce laws to do pretty well what it >>liked - subject to being voted out of course or presumably a higher court >>like the ECHR or ICC.

    No such legislation would be necessary in the UK since the Supreme Court >cannot "overrule" Parliament.

    It is an FAQ on the UKSC web-site [1]...

    Can the UKSC overrule the UK Parliament?

    No. Unlike some Supreme Courts in other parts of the world, the UK
    Supreme Court does not have the power to 'strike down' legislation passed
    by the UK Parliament. It is the Court's role to interpret the law and >develop it where necessary, rather than formulate public policy.

    Regards

    S.P.

    [1] https://www.supremecourt.uk/faqs.html#1e

    OK, many thanks :-)


    P.S. I wouldn't presume to speak for others but I'd have had no problem >approving this post in "the other place".

    It's too much like hard work sometimes...

    --
    Jeff Gaines Dorset UK
    If you ever find something you like buy a lifetime supply because they
    will stop making it

    --- SoupGate-Win32 v1.05
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  • From Simon Parker@21:1/5 to Jeff Gaines on Wed Jul 26 12:37:16 2023
    On 26/07/2023 11:56, Jeff Gaines wrote:
    On 26/07/2023 in message <kicbc1Fq751U12@mid.individual.net> Simon
    Parker wrote:

    On 25/07/2023 08:36, Jeff Gaines wrote:

    The BBC is reporting the change in Israeli law:

    "The measure - part of a big reform package - will prevent the court
    from overruling government actions it considers unreasonable."

    Would something like this be possible in England? I thought
    Parliament (here) was paramount so could introduce laws to do pretty
    well what it liked - subject to being voted out of course or
    presumably a higher  court like the ECHR or ICC.

    No such legislation would be necessary in the UK since the Supreme
    Court cannot "overrule" Parliament.

    It is an FAQ on the UKSC web-site [1]...

    Can the UKSC overrule the UK Parliament?

    No.  Unlike some Supreme Courts in other parts of the world, the UK
    Supreme Court does not have the power to 'strike down' legislation
    passed by the UK Parliament.  It is the Court's role to interpret the
    law and develop it where necessary, rather than formulate public policy.

    [1] https://www.supremecourt.uk/faqs.html#1e

    OK, many thanks :-)

    You're most welcome.


    P.S. I wouldn't presume to speak for others but I'd have had no
    problem approving this post in "the other place".

    It's too much like hard work sometimes...

    If it is any consolation (Ed: it isn't!) it is no easier from this side
    of the table either.

    Regards

    S.P.

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