header-logo header-logo

Lord Neuberger’s salutary warning

05 November 2018 / Dr Michael Arnheim
Issue: 7816 / Categories: Features
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll