Brits, please explain [Sunak to LEGALIZE SLAVERY for undocumented immigrants, trafficked victims] (user search)
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  Brits, please explain [Sunak to LEGALIZE SLAVERY for undocumented immigrants, trafficked victims] (search mode)
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Author Topic: Brits, please explain [Sunak to LEGALIZE SLAVERY for undocumented immigrants, trafficked victims]  (Read 1810 times)
Filuwaúrdjan
Realpolitik
Atlas Institution
*****
Posts: 68,045
United Kingdom


« on: March 11, 2023, 09:12:43 AM »

Can Blair’s Supreme Court strike down primary legislation? I know what Lord Cooke wrote but I don’t think it was ever practiced

Phrasing was poor on my part - primary legislation won't/can't be struck down by the Supreme Court, given parliamentary sovereignty is one of, perhaps the fundamental principle of the UK constitution.

It's more that the bill will get bogged down in legal fights over pre-existing human rights legislation, with certain penalties declared "unlawful" by the courts, and "incompatible" with our obligations under a number of different treaties.

Breaches of the ECHR and UNHCR will both be alleged, and we'll probably still be locked into expensive, constitutionally taxing legal proceedings by the time the next election rolls around - with no real change in the status quo.
The lords will most likely stall the legislation as is

Especially as it (obviously) did not feature in the government's Manifesto at the last election.
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Filuwaúrdjan
Realpolitik
Atlas Institution
*****
Posts: 68,045
United Kingdom


« Reply #1 on: March 11, 2023, 09:27:50 AM »

So there are downsides to not seeking a public mandate after replacing two(!) PMs since the last GE?? Who would have thought?

It wouldn't be an issue if they'd kept to the same legislative agenda throughout. However.
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