4 - Parliamentary Sovereignty Flashcards
What is express repeal
An act which specifically states that an earlier act should be repealed and replaced
What is an implied repeal
If a new act is partially or wholly inconsistent with a previous act, the previous act is repealed to the extent of the inconsistency
How could parliament limit its own power
Could bind itself as to the content of future legislation
Could prescribe a particular manner in which legislation can be passed or repealed such as 2/3 majority
Impose a restriction that any legislation dealing with a certain subject should bear a paticular form
When was the glorious revolution and what did it change
1688 - before the revolution courts could strike down legislation, afterwards the courts respected the supremacy of parliament in making law and the subordination of common law to statute
3 developments which have challenged parliamentary sovereignty
Devolution, HRA 1988, membership of the EU
How has devolution affected PS
Scotland act 1998 - although uk parliament remains sovereign, the uk must get consent of Scottish parliament, if they didn’t it would cause a constitutional crisis
How has the HRA affected PS
Cannot strike down legislation but can declare an act incompatible with HRA
HRA not entrenched and could be repealed by an ordinary parliamentary majority
Although the act does not require parliament to reverse an incompatible act, political consequences would be significant
How has the membership of the EU affected PS
European communities act 1972 incorporated treat of Rome 1957 into domestic law. Merchant shipping act 1988 could not conform to DU law and was disapplied to the extent that it co flirted with higher law
