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21.
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Unless enacted in the prescribed way the later Ordinance would, of course, fail if challenged in court this, after all, is of the essence of a legally enforceable Bill of Rights.
Procedural-Safeguards
22.
This differs from the above approach in that no attempt is made to give the Bill or
or Rights legal supremacy over other laws and no challenge could be mounted in court if a subsequent Ordinance contravened it, but instead the emphasis shifts to ensuring contravening laws are not passed or only passed in special circumstances. In theory, of course, it is possible to conceive of a situation where all safeguards are procedural and not legal, but this has never been the Commonwealth or U.K. approach.
23.
Council controls its OWN
The Legislative procedure and there is no difficulty about creating special procedures to deal with "Rights" bills. The most obvious is to set up a select or standing committee to which all bills would be referred for a report on whether or not the Bill is contravened and the third (or other) stage of the bill reading would be delayed until a report is made.
24.
Another safeguard would be to amend Article XXVI of the Royal Instructions to provide that the
Governor shall not assent to a bill which amends or
conflicts with the Bill of Rights save in the
which includes circumstances specified in that Article
emergency measures.
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This amendment, it is true,
involves action by the United Kingdom Government, but at a much lower level than that needed to constitutionally
entrench the Bill of Rights.
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