As we have seen above, a similar line to that taken by Lord Steyn was pursued by Lord Hope (who also sat in Jackson) in the significant case of AXA General Insurance Ltd v The Scottish Ministers [2011] UKSC 46. Although this case related to the different status of Acts of the Scottish Parliament, Lord Hope suggested that the courts could review a statute that might be seen to violate the rule of law, commenting that:

'The question whether the principle of the sovereignty of the United Kingdom Parliament is absolute or may be subject to limitation in exceptional circumstances is still under discussion.'