Madzimbamuto v Lardner-Burke

Facts

After Southern Rhodesia's unilateral declaration of independence, a man was detained under emergency rules of the illegal regime. The United Kingdom Parliament had legislated for Rhodesia.

Issue

Were the detention rules valid, given the United Kingdom statute?

Held

No. The Privy Council held the regime's measures had no legal effect, because the United Kingdom Parliament still had power to legislate for Rhodesia.

Principle

A constitutional convention that Parliament will not legislate on a matter does not limit its legal power to do so.

Why it matters

Separates legal power from convention.

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