ABSTRACT

The great South African case of Harris v. Minister of the Interior have turned the thoughts of many lawyers to the subject of legal sovereignty. All writers on sovereignty are bound to deal in improbable examples. One has to ask what would happen if Parliament tried to abdicate, or to alienate its powers, or to impose restrictions on future legislation after the manner of the South African entrenched clauses. Trethowan's case is then given, apparently intended as an example of a "legal sovereign" able to impose legal limitations on itself. The main theme is then taken up again: The law is that Parliament may make any law in the manner and form provided by the law. The revolution having taken place, and the legal power of the United Kingdom Parliament having been cast off, the South African courts are left without any ulterior authority for Acts of the Union Parliament.