The interesting development of Laws' ideas in Thoburn, developed by the Supreme Court in the HS2 case, centres on the comparative importance of central constitutional principles and statutes. Arguably the matter is more complex than Laws suggested with his differentiation between 'constitutional' and 'ordinary' statutes. The Supreme Court's rejection of the argument that EU law should trump the rather more established constitutional tenet contained in the Bill of Rights 1689, article 9 – that freedom of speech and proceedings in Parliament ought not to be 'impeached' in any court of law – suggests some constitutional statutes or norms may be considered more important than others.
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