1A.1.7 Parliamentary Supremacy Flashcards
When was the supremacy of Parliament established?
In 1689 the Bill of Rights was enacted, and it deemed Parliament to be the supreme law making body.
Apart from stating that parliament is supreme, what else did the Bill of Rights say?
It said that Parliament was to be reelected every 3 years
What did AV Dicey publish?
He wrote ‘Introduction to the study of the Law and Constitution’ in 1885
What did AV Dicey state PS meant?
- Parliament’s power is unlimited
- The validity of Parliament cannot be questioned by anyone, including the courts, the church and the monarch
- No one Parliament can limit the law-making of any further parliament
What is the main thing that threatens PS?
The European Union
In what year did the UK join the EU?
The UK joined the EU in 1973
What does S2(1) of the European Communities Act 1972 say?
It says that the UK must follow all EU law
What did Costa V ENEL clarify?
It clarified that all UK law should comply with EU law
What happened in Ex Parte Factortame no 2 (1991)?
This case allowed Spanish fishermen to fish in British waters. It is an example of the ECJ overruling UK Parliament, contrary to Parliamentary Supremacy.
