David Pannick QC noted in The Times, 1995:
"judges are well aware of the constitutional reality that Parliament exercises very little control over the content of primary legislation, let alone delegated legislation or administrative decisions. Nor can Parliament realistically be expected to do so, given the growth in the business of government and in the number of discretionary powers conferred. Constitutional fictions are an unpersuasive basis for seeking to encourage judges to restrain themselves when they are asked to provide remedies for the victims of injustice or unfairness."
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