2. Constitutional Principles

Question 1

What are the three elements of parliamentary sovereignty?

Answer 1

1. Parliament has the right to make or unmake any law, except re: 3
2. No person or body is recognised as having the right to override or set aside an Act of Parliament, and
3. No Parliament can bind its successors

Question 2

What is the status of Acts of Parliament enacted under the Parliament Acts 1911-1949, without the consent of the House of Lords?

Answer 2

Valid law as if passed in the ordinary way

Question 3

What is required for an international treaty to have domestic effect?

Answer 3

It must incorporated into domestic law through an Act of Parliament

Question 4

Can the courts set aside an Act of Parliament?

Answer 4

No

Question 5

What presumption will the courts give to Parliament when Parliament passes a law?

Answer 5

That Parliament intended to legislate in accordance with the rule of law and preserve individual rights

Question 6

What does the Enrolled Bill Rule provide?

Answer 6

If an Act has been passed by the House of Commons and the House of Lords, and has been granted Royal Assent, the courts will give effect to the legislation (and not look ‘behind’ the legislation to the legislative process in parl. that created it)

Question 7

If there has been a procedural irregularity in the process by which a bill became an Act, can the court depart from the requirements under the Enrolled Bill Rule?

Answer 7

No

Question 8

What is implied repeal of legislation?

Answer 8

If Parliament has not repealed an old piece of law, but a newer piece of law is passed which deals with the same subject matter but is inconsistent with the older law, the older is impliedly repealed

Question 9

What Act made EU law a source of law within the UK legal system?

Answer 9

European Communities Act 1972

Question 10

What was the effect of the ECA 1972?

Answer 10

All UK laws would need to be interpreted according to EU law and would only be valid if consistent

Question 11

What approach did the courts take if an Act of Parliament conflicted with EU law, and why?

Answer 11

The Act was disapplied on the ground that Parliament voluntarily accepted this limitation on their sovereignty when they passed the ECA 1972

Question 12

Is the rule of law absolute?

Answer 12

No, it is merely a principle that informs the law

Question 13

What is parliamentary privilege and what does it mean in practice?

Answer 13

Statements made in Parliament cannot be challenged before the courts, meaning there is absolute freedom of speech within Parliament

Question 14

In a situation where a law has retrospective effect, meaning that there is a conflict between parliamentary sovereignty and the rule of law, which prevails?

Answer 14

Parliamentary sovereignty

Question 15

What is required for an Act of Parliament to breach a fundamental right, and what is the effect of this step not being taken?

Answer 15

The Act of Parliament must expressly state that the fundamental right is to be breached, otherwise the court will give effect to the legislation in a manner which complies with the fundamental right

Question 16

What of declaration of incompatibility?

Answer 16

A signal given by the courts to Parliament that an Act is inconsistent with the Human Rights Act 1998