1. Parliamentary Sovereignty

Question 0

Ex parte Canon Seleyn

Answer 0

No judicial body can challenge the validity of an Act of Parliament

Question 1

Ex parte Simms

Answer 1

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

Question 2

Cheney v Conn

Answer 2

Parliament can legislate contrary to international law

Question 3

War Damages Act 1965

Answer 3

Example of Act having retrospective effect

Question 4

Vauxhall Estates v Liverpool Corporation

Answer 4

Later Act impliedly repeals earlier Act where there is a conflict between them

Question 5

Gibson v Lord Advocate

Answer 5

Obiter comments suggest Act of Union could limit parliamentary sovereignty

Question 6

British Coal Corporation v The King

Answer 6

In theory Parliament’s power to legislate for Canada remains unimpaired but political realities dictate that it can’t

Question 7

Blackburn v Attorney General

Answer 7

Lord Denning support distinction between legal theory and political reality

Question 8

Manuel v Attorney General

Answer 8

Political considerations should not erode the fundamental principle of parliamentary sovereignty

Question 9

A-G for New South Wales v Trethowan

Answer 9

New South Wales Parliament can entrench because it is a subordinate body

But Dixon J, obiter: also possible for Uk Parliament

Question 10

Pickin v British Railways Board

Answer 10

‘Enrolled bill rule’

Question 11

Scotland Act 1998, s 28(7)

Answer 11

No reduction in legal sovereignty of Westminster to legislate for Scotland if it considers it desirable

Question 12

Scotland Act 1998, s 33

Answer 12

Form of pre-enactment judicial scrutiny of bills

Question 13

Axa General Insurance v Lord Advocate

Answer 13

Acts of SP a species of primary, rather than delegated, legislation - so not subject to JR

Question 14

R v A

Answer 14

Lord Steyn: linguistically strained

Question 15

Ghaidan v Godin-Mendoza

Answer 15

HL ‘reinterprets’ provision in Rent Act 1977 so as to extend survivorship rights to cohabiting same-sex couples

Question 16

ECA 1972, s 2(1)

Answer 16

Gives direct effect to EC law within the UK

Question 17

ECA 1972, s 2(4)

Answer 17

Any Act passed by the UK shall have effect subject to directly applicable EC law

Question 18

ECA 1972, s 3(1)

Answer 18

Questions of law relating to the EC shall be determined according to the principles and decisions laid down by the ECJ

Question 19

Macarthy’s Ltd v Smith

Answer 19

Example of purposive interpretation

Question 20

Factortame (No. 2)

Answer 20

Where there is a conflict between EC law and the domestic law, courts may disapply domestic law

Question 21

Ex parte Equal Opportunities Commission

Answer 21

Act held to be discriminatory against women, contrary to EU treaty, Art 141 is ignored

Question 22

Thoburn

Answer 22

Hierarchy of Acts of Parliament

‘Ordinary’ vs ‘constitutional’

Question 23

HS2 Action Alliance

Answer 23

Moves away from binary distinction towards more nuanced picture that recognises relative importance of different ‘constitutional’ Acts

Question 24

Jackson

Answer 24

Lord Steyn: parliamentary sovereignty is is a judicial creation and exceptional circumstances the court could abolish it

Lord Hope: parliamentary sovereignty is not absolute - ‘the rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based’