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05 November 2018 / Dr Michael Arnheim
Issue: 7816 / Categories: Features
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Lord Neuberger’s salutary warning

Parliament’s power to revoke any court decision is woefully under-utilised, says Dr Michael Arnheim

Shortly before his retirement as president of the UK Supreme Court, Lord Neuberger sounded a salutary warning, which, however, has gone almost totally unnoticed. He concluded his 2017 Neill Lecture to the Oxford Law Faculty with these words: ‘[I]n a speech concerned with the role of judges under a constitutional system based on Parliamentary sovereignty, it is perhaps appropriate to end with a reminder that any judicial decision can be revoked by Parliament through a statute.’

All the subsequent propositions flow from the first one; namely the sovereignty of Parliament, the bedrock principle of the British Constitution—which, however, is not as familiar to members of the legal profession as might have been expected. An open letter to then prime minister David Cameron signed by 1,054 barristers (reportedly including over a hundred QCs) on 9 July 2016 correctly pointed out that the Brexit referendum result had no binding force in law—but failed to recognise that the reason for this was the sovereignty
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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