As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Nothing that [UK prime minister Theresa] May was proposing was unconstitutional. There is no constitution. It was an archaic convention she was violating: the peculiar English belief in ‘parliamentary sovereignty’. The slogan in the referendum was ‘Take Back Control.’ But of what and from whom? The establishment Leavers said: ‘Take back the sovereignty of Parliament, the Ark of the English Covenant. England isn’t England if Parliament can be overruled by anyone – least of all by foreigners.’BACK TO TOP