What Is Hale's Dicta

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Second, Lady Hale’s dicta highlights the suggestion that courts may “treat with suspicion, or even reject any legislation that subverts the rule of law” . This poses a challenge to Parliament’s sovereignty since it suggests dismantling the negative limb of Dicey’s conception, as well as a restrictive measure to the positive limb against Parliament’s wishes. Lord Bingham, however, upheld Parliamentary sovereignty in his dicta by stating that “The bedrock of the British Constitution is … the Supremacy of the Crown in Parliament ”, and noted in his book that there is no authority for the proposition that the courts may strike down Acts that the court deems extreme, and that the very idea of it is “heretical” . Parliament typically accepts the

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