1. Parliamentary Sovereignty Flashcards
Ex parte Canon Seleyn
No judicial body can challenge the validity of an Act of Parliament
Ex parte Simms
Lord Hoffman: ‘Parliament can, if it chooses, legislate contrary to the fundamental principles of human rights’
But this could only be achieved through explicit wording
Cheney v Conn
Parliament can legislate contrary to international law
War Damages Act 1965
Example of Act having retrospective effect
Vauxhall Estates v Liverpool Corporation
Later Act impliedly repeals earlier Act where there is a conflict between them
Gibson v Lord Advocate
Obiter comments suggest Act of Union could limit parliamentary sovereignty
British Coal Corporation v The King
In theory Parliament’s power to legislate for Canada remains unimpaired but political realities dictate that it can’t
Blackburn v Attorney General
Lord Denning support distinction between legal theory and political reality
Manuel v Attorney General
Political considerations should not erode the fundamental principle of parliamentary sovereignty
A-G for New South Wales v Trethowan
New South Wales Parliament can entrench because it is a subordinate body
But Dixon J, obiter: also possible for Uk Parliament
Pickin v British Railways Board
‘Enrolled bill rule’
Scotland Act 1998, s 28(7)
No reduction in legal sovereignty of Westminster to legislate for Scotland if it considers it desirable
Scotland Act 1998, s 33
Form of pre-enactment judicial scrutiny of bills
Axa General Insurance v Lord Advocate
Acts of SP a species of primary, rather than delegated, legislation - so not subject to JR
R v A
Lord Steyn: linguistically strained
Ghaidan v Godin-Mendoza
HL ‘reinterprets’ provision in Rent Act 1977 so as to extend survivorship rights to cohabiting same-sex couples
ECA 1972, s 2(1)
Gives direct effect to EC law within the UK
ECA 1972, s 2(4)
Any Act passed by the UK shall have effect subject to directly applicable EC law
ECA 1972, s 3(1)
Questions of law relating to the EC shall be determined according to the principles and decisions laid down by the ECJ
Macarthy’s Ltd v Smith
Example of purposive interpretation
Factortame (No. 2)
Where there is a conflict between EC law and the domestic law, courts may disapply domestic law
Ex parte Equal Opportunities Commission
Act held to be discriminatory against women, contrary to EU treaty, Art 141 is ignored
Thoburn
Hierarchy of Acts of Parliament
‘Ordinary’ vs ‘constitutional’
HS2 Action Alliance
Moves away from binary distinction towards more nuanced picture that recognises relative importance of different ‘constitutional’ Acts
