UK Government Faces Lawsuit Over Emergency Surveillance Bill

judgecorp (778838) writes The British Government has had to produce an emergency surveillance Bill after the European Court of Justice ruled that European rules on retaining metadata were illegal. That Bill has now been passed by the House of Commons with almost no debate, and will become law if approved by the House of Lords. But the so-called DRIP (Data retention and Investigatory Powers) Bill could face a legal challenge: the Open Rights Group (ORG) is fundraising to bring a suit which would argue that blanket data retention is unlawful, so these emergency measures would be no more legal than the ones they replaced.

Comments

Support for this was not unanimous

[fiannaFailMan]

Some lawmakers were not so keen on the fast-tracking of this legislation. Checks and balances are there for a reason, it's a shame that they can be sidetracked when politically expedient.

Are they forgetting that this is the UK?

[mysidia]

New acts of parliament supercede previous laws regardless of source due to Parliamentary Supremecy, a fundamental pillar of English law.... Parliament is the supreme law-making body: its Acts are the highest source of English law.

Unlike in other countries such as the US, there is no such thing as an unconstitutional law, or an act of parliament being "illegal" if properly passed, because there is no constitution in the UK, and an act of the parliament duly passed is supreme.

Re:Are they forgetting that this is the UK?

[Anonymous Coward]

there is no constitution in the UK

False. It's just not a "written constitution" - IOW it is a body of tradition that everyone recognises, along with certain Acts which are regarded as more important than others (especially relevant when the law conflicts, as normally the later would just cancel out the earlier).

Consider: If there were no constitution, what would be the legal basis for Parliamentary supremacy?

Re:Are they forgetting that this is the UK?

[TechyImmigrant]

there is no constitution in the UK

False. It's just not a "written constitution" - IOW it is a body of tradition that everyone recognises, along with certain Acts which are regarded as more important than others (especially relevant when the law conflicts, as normally the later would just cancel out the earlier).

Consider: If there were no constitution, what would be the legal basis for Parliamentary supremacy?

It's a system of threats and balances. The queen grants a constitutional basis to the parliament and the parliament grants continued existence to the queen. It's worked quite well since Cromwell. Much more stable than these new fangled republics.

Re:Are they forgetting that this is the UK?

[whoever57]

Parliament is the supreme law-making body: its Acts are the highest source of English law.

Unlike in other countries such as the US, there is no such thing as an unconstitutional law, or an act of parliament being "illegal" if properly passed, because there is no constitution in the UK, and an act of the parliament duly passed is supreme.

No. It isn't. UK law must be in accordance with EU treaty requirements.

I am beginning to suspect that they whole anti-EU campaign is not really an astroturfing (and use of the useful idiots) by the 1%ers to get rid of those pesky EU laws that are preventing unrestrained wealth acquisition by the rich at the expense of the poor.