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pocksuppetyesterday at 5:39 PM4 repliesview on HN

The UK has "parliamentary supremacy" which means legislation passed by the parliament overrules everything else. If the court determines the legislation has a problem, it goes back to parliament to make sure parliament intended a certain interpretation, but parliament can either change the law, or they can say the court is wrong and the law stands.


Replies

tomatocracyyesterday at 6:09 PM

That's (mostly) true for "primary legislation" (Acts of Parliament) but "secondary legislation" (regulations, orders, rules and so on) can be challenged and potentially overturned/similar in the courts. This partly reflects the fact that secondary legislation usually receives significantly less parliamentary scrutiny (and in some cases none at all). The legal challenge which Wikimedia brought here was to secondary legislation - regulations made under the OSA by Ofcom - not to the OSA itself.

neilalexanderyesterday at 6:00 PM

Ofcom's interpretation and enforcement of a law is not immune from judicial review, however. The courts can rule that Ofcom misinterpreted the law or acted outwith their remit or didn't have the necessary legal foundation for a decision. At which point Parliament have to consider whether or not to revise the law or whether to leave their primary enforcer with their hands tied.

frereubuyesterday at 5:59 PM

> or they can say the court is wrong and the law stands

Surely the way that parliament says the court is wrong is to re-legislate. They can't just have a vote and say "that interpretation is wrong" if, for example, the Supreme Court rejects their interpretation.

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przemubyesterday at 6:38 PM

The verdict was based on the Ofcom regulations, not the Parliament act though.