Parliamentary sovereignty is the bedrock of the constitution, and the courts ought to accept it, even when bad laws are passed. It is not the job of the courts to make the law, but to adjudicate on it. Thus the Appeal Court ruling against Shamima Begum is right, even if the decision of Sajid Javid, as Home Secretary, to strip Begum of her citizenship is wrong and ought never to have been made.
This is not because Begum was groomed, trafficked and raped. These are serious considerations, and in all normal circumstances, a 15-year-old treated in such a barbarous way would not be held culpable for her actions. However, extenuating circumstances do not always excuse other crimes, and if they are serious enough, it is possible, although in my view improbable, that they outweigh this treatment of the accused.
Nonetheless, the decision to deprive Begum of her citizenship is wrong because it attacks two linchpins of the constitution that safeguard us all.
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