22nd January 2023
The new essay at my Substack is up.
The essay is on the 1610 case of Dr Bonham, and the question of whether parliament is really sovereign:
These essays on legal history or law/lore are for paid subscribers, and they are additional to my weekday free-to-read topical commentary here on the law and policy blog.
Previous essays in this series are:
Malone (1979) – perhaps the most significant constitutional case of the last 50 years
Wednesbury (1948) – the origin of the modern principle of legal unreasonableness
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1610 was of course before 1707 and the Union of the Parliaments.
Whether the question of the Sovereignty of Parliament was the situation in England is a moot point, certainly it was never the situation in Scotland.
This is still a live issue as the whole question of the nature of the Union is being discussed.