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38.In  principle, if not always in practice, it  is relatively straightforward  to determine the limits of a statutory power, since the power is defined by the text of the  statute. Since a prerogative power is  not constituted  by any  document, determining its limits is less straightforward. Nevertheless, every prerogative power has its limits, and it is the function of the court to determine, when necessary, where they lie. Since the power is recognised by the common law, and has to be compatible with common law principles, those principles may illuminate where its boundaries lie. In particular, the boundaries of a prerogative power relating to the operation of Parliament are likely to be illuminated, and indeed determined, by the fundamental principles of our constitutional law.
Such as? Giving "effect to" statutory rules and "constitutional principles developed by" litigation
41.Two fundamental principles of our constitutional law  are relevant to the present case. The  first is the principle of Parliamentary sovereignty: that laws enacted by the Crown in Parliament are the supreme form of law in our legal system, with which everyone, including the Government, must comply. However, the effect which the courts have given to Parliamentary sovereignty is not  confined to recognising the status of the legislation enacted by the Crown in Parliament as our highest form of law.
m'k--and the dissociative principle?
42.The sovereignty  of Parliament would, however, be undermined as the foundational principle of our constitution if the executive [?] could, through the use of the prerogative, prevent [the Crown in] Parliament [?] from exercising its legislative authority for as long as it pleased. That, however, would be the position if there was no legal limit upon the power to prorogue Parliament (subject to a few exceptional circumstances in which, under statute, Parliament can meet while it stands  prorogued). An unlimited power of prorogation would therefore be incompatible with the legal principle of Parliamentary sovereignty.


Diversity is the key to economic and political evolution.
by Cat on Tue Sep 24th, 2019 at 05:12:45 PM EST
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