Breaking News: Lady Hale, The Supreme Court VS Democracy
I just found this item about Lady Hale
Above article transcribes a speech by Lady Hale, The Bryce Lecture 2015: The Supreme Court in the United Kingdom Constitution
In this, Lady Hale describes the UK constitution on the ability of Parliament to alter any law at will, she chooses “The Human Rights Act 1998”;
“The issue with the UK constitution is that it offers little scope for entrenchment – embedding certain laws in a manner which makes them harder to revoke. Thus the Human Rights Act 1998 could theoretically be repealed by a simple majority vote in Parliament, with the same ease as say a fictitious act governing the colour of dog’s hair.”
Lady Hale later goes on and adds;
“It is a political constitution whose ramifications for not being endorsed or followed lie in the political sphere, rather than the legal. For example, if a Parliament was to revoke the Human Rights Act, it is undoubtable that the political repercussions would be massive.”
Any Parliament which seeks to act against the wishes of its populace does so at its own peril.”
In the above Sky News article Lady Hale also says apart from being delayed by two years that:
“the referendum was not legally binding on Parliament”.
My belief in line with the opinion of Lady Hale is, Any Court which seeks to act against the wishes of its populace does so at its own peril.