‘In its prent state of evolution, the British system may be said to stand at an intermediate stage between parliamentary supremacy and constitutional supremacy… Parliament remains the sovereign legislature; there is no superior text to which it must defer…, there is no statute which by law it cannot make. But at the same time, the common law has come to r.ognise and endorse the notion of constitutional, or hindamental rights.’ — International Transport Roth GmbH v S.retary of State for the Home Department [20021 EWCA Civ 158 at para. 71 per Laws LJ Critically anal, the above statement with reference to decided cases. To what extent, if at all, do. this reflect a greater emphasis by the judiciary on wider principl. of common law constitutionalism and a shift towards constitutional supremacy, Should such developments be welcomed?
