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THE CONSTITUTION OF LAW Part 8

Ngoài ra còn có Ủy ban Chọn vào Hiến pháp, được thành lập bởi Thượng viện vào năm 2001, và có nhiệm vụ là để kiểm tra ý nghĩa hiến pháp "tất cả các tín phiếu, công chức đến trước khi nhà và tiếp tục được xem xét hoạt động của hiến pháp". | 172 taking the administrative state seriously to the impact of public power on human rights before a decision is taken to exert or delegate authority. There is also the Select Committee on the Constitution established by the House of Lords in 2001 and whose mandate is to examine the constitutional implications of all public Bills coming before the House and to keep under review the operation of the constitution . While Robert Hazell has noted that this committee has not yet earned a place as a pillar of the constitution he still emphasizes that it does offer the potential to do so .139 As Feldman said in his reflection on his work at the Joint Committee If human rights are to be properly taken into account at all stages of the legislative process Parliament and the executive must work together and respect each other s responsibilities and functions. Each must act as guarantor of the other s commitment to fundamental values. 140 He went on to say that friction between the different institutions is not only to be expected but to be welcomed since institutions which tolerate and even celebrate that friction demonstrate a commitment to human rights . . . H uman rights offer not harmony but a practical framework in which a society if it is sufficiently durable and flexible can maintain an equilibrium between conflicting interests .141 In establishing this practical framework it is I believe impossible to draw any advance distinction between small p politics or large P politics which could demarcate the area of prerogative or the exceptional situation where the controls of the rule of law are inappropriate. Indeed here I agree with Carl Schmitt though I want to reject the implication he wished to draw that law cannot control an exceptional situation. This implication would follow only if it were also impossible to have political accountability to the rule of law in some situations for example if it were impossible to conceive of an institution such as SIAC. It might take