由此 - 28 - A B C D E the power included the power to uphold temporarily otherwise unlawful laws or acts. 87. A B C In Bellinger v Bellinger (Lord Chancellor intervening) [2003] 2 AC 467 which was concerned with the capacity of a transsexual to D E undergo a marriage under the Matrimonial Cases Act 1973 in the F reassigned gender, Lord Nicholls observed that: “53. It may also be that there are circumstances where maintaining an offending law in operation for a reasonable period pending enactment of corrective legislation is justifiable. An individual may not then be able, during the transitional period, to complain that his rights have been violated. The admissibility decision of the court in Walden v Liechtenstein (Application No. 33916/96) (unreported) 16 March 2000 is an example of this pragmatic approach to the practicalities of government.” G H I J K L 88. In R(Hooper) v Secretary of State for Works and Pensions [2003] 1 WLR 2623, Lord Phillips of Worth Matravers MR in the F G H I J K L judgment of the court said at para. 77: M M “77. … The manner in which we have given effect to the Convention preserves the supremacy of Parliament. The Court can do no more than declare legislation incompatible with the Convention, leaving it to Parliament to address the offending legislation. The Walden principle can have no direct application in this jurisdiction.” N O P R S T O P 89. Q N However, the House of Lords in R (Hooper) v Secretary of State for Works and Pensions [2005] 2 FCR 183 at 201, Lord Hoffmann described Walden as a puzzling decision. 90. Although the English decisions are not directly applicable, they provide some support for the jurisdiction to make the Order. Q R S T U U V V