The Mudcat Café TM
Thread #95966   Message #1871850
Posted By: Richard Bridge
29-Oct-06 - 10:38 PM
Thread Name: BS: Last chance to save UK democracy!!!
Subject: RE: BS: Last chance to save UK democracy!!!
Oh, before anyone tells me that the minister may not make an order unless he is satisfied that it is not of constitutional significance, let them read the Constitution of Canada cases. In outline, although the law gave effect while Canada was technically ruled from Westminster, to a Canadian constitutional change and the UK government was supposed (by convention) to have had regard to the views of all of the Canadian provinces before passing such a bill.   It hadn't. Tbe bill said it had. The application of the enrolled bill rule meant that the courts could not challenge that untruth. The case also establishes that the courts will not enforce a mere convention.