PARLIAMENT
My main concern, however, is with legislative power, and it is to this subject that I want to devote the rest of this paper. First, there is the United Kingdom Parliament. The sovereignty of Parliament, as a principle of constitutional law, is so elementary that there is no need to discuss it.
Not very long ago, a politician in the Caribbean area publicly claimed that die United Kingdom Parliament had no right to legislate for the Colony; but, as he was a member of the legal profession, one must assume that under cross-examination he would have said that he was talking of moral, not legal, right. During the trouble preceding the War of American Independence, a like claim in the American Colonies was responsible for the American Colonies Act, 1766,1 in which Parliament solemnly declared that the Parliament of Great Britain had ‘and of right ought to have, full power and authority to make laws... to bind the colonies and people of America’. Did this piece of legislation serve any useful purpose? Where Parliament possesses legislative authority it requires no assertion; where Parliament has no power to make laws it cannot, by making one, give itself the power. It is true that United Kingdom Courts would presumably have given effect to the Act as such, but it is more to the* 6 G. 3, C. 12.
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