I recieved this reply today. When I was making a clarification, I made a mistake of sending the wrong clarification to the wrong FOI. I imediatly sent a correction about the mistake, but it seems they have responded to the mistake which is also useful. the other FOI is FOI - Parliamentary Jurisdiction. I have closed this FOI:Dear Mr Smith,
Thank you for your recent correspondence where you have asked questions that broadly regard the jurisdiction of Parliament.
Parliament is the supreme law making body in England and Wales and can legislate in whatever field of law that it wishes. Laws passed by Parliament are referred to as Acts of Parliament or statute law. Statute law has become the commonest source of new laws or law reform since around the 17th century. Parliament can therefore legislate in all the areas of law that you mention - commercial, civil and admiralty law - and many others, for example, criminal law.
In contrast, the term ‘common law’ refers to the substantive law and procedural rules that have been developed by the decisions of the courts using a system of judicial precedent. The development of the common law in the English legal system can be traced back to the twelfth century and the reign of Henry II who unified the court system and commenced the process of travelling judges which, following the commencement of recording and publishing of judgements, enabled the practice of judicial precedent or stare decisis to develop whereby past decisions would be cited in argument before the court and regarded as being of persuasive and even binding authority. This practice developed into the common law of England and Wales and is still a very significant source of law today.
With regards to your question regarding the relationship between legislation and the common law, statutes can amend or replace common law in a particular area, but the common law cannot overrule or change statutes. A statute can only be overruled or amended by another, later piece of legislation. This reflects the legal and political doctrine of Parliamentary Sovereignty - the recognition and acceptance that Parliament is the supreme law-making authority. Subject to the need to consider both European and international laws and the importance of principles such as the recognition of individual freedoms, democracy and government accountability, judges must normally apply statutes, even if they are contrary to established common law.
You ask how Parliament has jurisdiction over a human being. Those born in the UK are subjects of the Crown, who summons Parliament to provide advice and to legislate. Parliament is the representative of the people through election to the House of Commons. Members of Parliament are elected to represent the people and by those elections they have been legitimately handed the power to assess, enact or reject legislation. The laws are enforced by the judicial system, not by Parliament.
You ask about the difference between being a British subject and a British citizen. There is no material difference. However described, such a person has the same duties to uphold and to obey the law.
‘Crown Corporation’ is a term frequently used in Canada, to describe a state controlled company or enterprise which operates at arms length from the Government. The Ministry of Justice is a government department, not a crown corporation.
I hope that you find this information helpful.
Farah Ziaulla