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05 November 2018 / Dr Michael Arnheim
Issue: 7816 / Categories: Features
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Lord Neuberger’s salutary warning

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 of Parliament, which was not even mentioned in the letter.
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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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