CONSTITUTIONAL AND ADMINISTRATIVE LAW

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‘In its present 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 recognise and endorse the notion of constitutional, or fundamental rights.’ — International Transport Roth GmbH v Secretary of State for the Home Department [2002] EWCA Civ 158 at para. 71 per Laws LJ Critically analyse the above statement with reference to decided cases. To what extent, if at all, does this reflect a greater emphasis by the judiciary on wider principles of common law constitutionalism and a shift towards constitutional supremacy? Should such developments be welcomed?