2. Parliamentary Sovereignty

Question 1

Dicey’s definition?

Answer 1

Parliamentary sovereignty = legislative supremacy (no legal limits on parliament’s power to legislate)

1. ‘Parliament … has the right to make or unmake any law whatever’
2. No person or body is recognised … as having a right to override or set aside the legislation of parliament’

Question 2

Implications of Dicey’s definition:

‘Make or unmake any law’

Answer 2

1. All laws are enacted using the same procedures
2. No parliament can bind a future parliament
3. There is no law that parliament cannot change
4. There is no hierarchy between ‘constitutional’ and other statutes

Question 3

Implications of Dicey’s definition:

‘No person or body may set aside or override and Act of Parliament’

Answer 3

1. ‘the Enrolled Bill rule’ - courts cannot inquire into the passage of an Act of Parliament
2. Courts may only interpret and apply acts of Parliament - see Manuel v AG 1983

Question 4

Scope of PS:

Orthodox view

Answer 4

There can be no limits of any kind on Parliament’s power to legislate

Supporter of this view - Wade

Question 5

Scope of PS:

Manner and Form view

Answer 5

No substantive limits on Parliament’s ability to legislate

BUT there can be limits as to how it legislates - parliament could impose procedural requirements on itself

Supporter of this view - Jennings

Question 6

Scope of PS:

Self-Embracing Sovereignty view

Answer 6

Parliament should be seen as a whole continuing institution over time

There can be substantive limits on parliament’s ability to legislate

Supporter of this view - Barber