ABSTRACT

The sovereignty of Parliament is not itself laid down in statute: nor could it be, for the ultimate law maker cannot confer upon itself the ultimate power. As legal theorists23 have demonstrated, when searching for ultimate legal power, there comes a point of inquiry beyond which one cannot logically move. In order to understand the ultimate authority of law, whether expressed in terms of the ‘ultimate rule of recognition’ (HLA Hart) or sovereignty, the inquirer must move beyond the law itself. As has been seen above the key to ultimate power lies in its acceptance – but not necessarily moral approval – by the judges within the legal system.