RolloTreadway on Nostr: But the rule of law is the rule of Parliament's law. Executive actions are different; ...
But the rule of law is the rule of Parliament's law. Executive actions are different; if the Government wishes to breach a law, then the Courts' duty is to overrule them.
But if Parliament passes a law, then it is the law, and adhering to the rule of law means imposing that new law.
Only in very limited situations of legislation contradicting previous law without expressly amending/abolishing it can the Courts say that primary legislation contradicts the rule of law. And Parliament is always free to overrule that.
Even with common law, that has not come from Parliament, it is expressly and immutably the case that statute law always takes precedence. There is no law, and no rule of law, other than that Parliament decrees it or acquiesces to it.
But if Parliament passes a law, then it is the law, and adhering to the rule of law means imposing that new law.
Only in very limited situations of legislation contradicting previous law without expressly amending/abolishing it can the Courts say that primary legislation contradicts the rule of law. And Parliament is always free to overrule that.
Even with common law, that has not come from Parliament, it is expressly and immutably the case that statute law always takes precedence. There is no law, and no rule of law, other than that Parliament decrees it or acquiesces to it.