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"Important to remember Parliamentary sovereignty".
A quick explainer on the relationship of the domestic law of the UK (or any state) and international law, and why the quoted text below is gibberish
/1 https://twitter.com/SebastianEPayne/status/1304066214596153345
A quick explainer on the relationship of the domestic law of the UK (or any state) and international law, and why the quoted text below is gibberish
/1 https://twitter.com/SebastianEPayne/status/1304066214596153345
UK domestic law is as separate a body of rules from international law as it is from French law, Mongolian law, or the rules of Monopoly.
None has priority over, or can overturn, any of the others. They operate it entirely different legal spaces, as separate systems.
/2
None has priority over, or can overturn, any of the others. They operate it entirely different legal spaces, as separate systems.
/2
UK law can incorporate by reference, or be shaped by interntional law (or indeed any other systems rules). But that is because it is part of its rules that it does so. So, for example, the Human Rights Act incorporates the ECHR, and the ECA used to incorporate EU law.
/3
/3
It could, in theory, incorporate any body of rules either static or dynamic, the rules of monopoly, or French traffic rules, ir whatever. but it is UK domestic law that does that, not those separate systems directly.
/4
/4
So, the "dualist" approach the AG refers to is not just a feature of UK law, or other systems with our history. It is a basis of what it is for something to be a legal system.
They are closed systems, they're not in competition with one another, nor can one have priority.
/5
They are closed systems, they're not in competition with one another, nor can one have priority.
/5
So, for the AG to note in passing that the Bill is in breach of international law, and then say "but parliamentary soereignty..." makes no sense whatsoever.
It is like saying it is ok to violate French traffic laws in Paris because UK law says it is ok to drive on the left.
/6
It is like saying it is ok to violate French traffic laws in Paris because UK law says it is ok to drive on the left.
/6
Yes, Parliament can enact laws that violate international law. But it is no more of an answer to this wrongdoing to invoke Parliamentary Sovereignty than it is to invoke the rules of Monopoly. They're rules from different systems.
/7
/7
[Charitably, when the AG says "treaty obligations only become binding to the extent that they are enshrined
in domestic legislation" she means "binding [as part of UK domestic law]."
As a matter of international law they bind without more ado.
And even then it is a bit loose]
in domestic legislation" she means "binding [as part of UK domestic law]."
As a matter of international law they bind without more ado.
And even then it is a bit loose]
