The Mudcat Café TM
Thread #133614 Message #3185382
Posted By: Richard Bridge
11-Jul-11 - 09:14 AM
Thread Name: BS: The latest (Rupert) Murdoch Menace
Subject: RE: BS: The latest (Rupert) Murdoch Menace
I don't think you can correctly say that of Milliband. It is within the power of Parliament to change the law - that's basic Dicean Parliamentary supremacy, and the enrolled bill rule means that the lawfulness of the enactment of an Act cannot be challenged in court, procedurally or otherwise. So one way or another Parliament has the power (that's why for example the powers of the courts under the Human Rights Act are at the end of the day limited to a declaration of non-conformity, which calls into question compliance with the ECHR).
It's the same conundrum basically as what would happen if Parliament enacted something fundamentally contrary to EU law and also enacted that the UK courts should follow that and not take EU law into account. That would be the law of the UK, albeit a breach of treaty obligations (unless the treaty had been ended - by which I intend to cover a multitude of different things).
No, I won't buy the shares. I won't buy his newpapers or pay for or watch his TV channels either