547. We know that Coke even advanced the claim, in Bonham’s case
(1610) 8 Co. Rep 118A that Courts could invalidate acts Parliament if they
contravened rules of natural justice such as that a man shall not be heard
before he is condemned or that he should be a Judge in his own cause. As Iovr
Jennings points out, in an appendix to ‘‘The Law and the Constitution’’ (5th
Edn. 1959 p. 318) the theory of Parliamentary sovereignty or supremacy
could, by no means, be said to be firmly established in England in Coke’s
time.
548. Blackstone, while enunciating the theory of Parliamentary
sovereignty in the 19th century, as it was to be later expounded in the 20th
century by Prof. A.V. Dicey, also claimed superiority for ‘‘the law of nature
which was common to all mankind.’’ He said about this law":
‘‘It is binding over all the globe, in all countries and at all times: no
human laws are of any validity if contrary to this, and such of them as are
valid derive all their force and all their authority, immediately or
immediately, from this original.’’
(See: Dicey – Law of the Constitution p. 62)
549. It is a matter of legal and Constitutional history that English Judges
finally rejected claims based upon vague philosophical concepts or upon a law
of nature or appeals to the ‘‘yet auguster thing’’ pitted against statutory law
except in so far as certain rules of natural justice and reason could impliedly
be read into acts of Parliament due to absence of statutory prohibition and
the need to observe them having regard to the character of the function
required by a statute to be performed. Constitutional historians such as
Holdsworth, have pointed out how English Common Lawyers, some presiding
as Judges over King’s Courts of Justice, other sitting in Parliament as
Legislators, joined hands to evolve, sustain, and give life to principles of
‘‘Sovereignty of Parliament’’ and the ‘‘Rule of Law’’ as understood by them.
Dicey asserted, in his ‘‘Law of the Constitution’’, that both these principles so
operated as to reinforce each other instead of coming into conflict with each
other. One wonders whether this could be said of later times when the need
for more rapid transformations of social and economic orders, in an effort to
build up a welfare State in Britain, led to serious curtailment of what were at
one time considered natural and inviolable rights and to adoption of
legislative devices such as Henry VIIIth clause. We know that these
developments evoked a powerful protest from a Chief Justice of Englnad,
Lord Hewart, who wrote a book on the subject: ‘‘New Despostism.’’ Today,
however, it cannot be said that the Courts of justice in England do not see the
implications of a welfare Socialistic State which may demand the curtailment
of liberties of subjects in many directions in order that the substance of
democratic freedom, only attainable through removal of economic, social and
educational disparities and barriers, may be attiained.
550. Willis, dealing with the development of Amercian Constitutional
Law, wrote about the claim of Coke mentioned above, to invalidate Acts of
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