Chapter 6 - Parliament & Parliamentary Sovereignty

Question 1

What are the essential features of the UK Parliament?

Answer 1

The UK Parliament is the supreme law-making body. It follows the principle of parliamentary sovereignty, meaning no other person or body can override or set aside its legislation.

Question 2

What are the elements and functions of Parliament?

Answer 2

Parliament consists of the House of Commons, the House of Lords, and the Monarch. Parliament’s functions include scrutinizing the Government’s work, passing legislation, debating key issues, approving Government funding, and providing personnel for the Government.

Question 3

Describe the composition of the House of Commons.

Answer 3

It has 650 elected Members of Parliament (MPs), chosen through the ‘first past the post’ system. The Speaker chairs the House of Commons, maintaining impartiality and controlling debates. Statute limits the number of ministerial office holders in the Commons to 95.

Question 4

Explain the Recall of MPs Act 2015.

Answer 4

It allows for the removal of an MP and a subsequent by-election under specific conditions. This includes receiving a custodial sentence, suspension for at least ten sitting days, or conviction for false allowance claims. A recall petition is triggered, and if 10% of registered voters sign within six weeks, the MP is removed.

Question 5

Explain the composition and history of the House of Lords.

Answer 5

The House of Lords is unelected. Historically, it was dominated by hereditary peers. The House of Lords Act 1999 removed most hereditary peers, allowing up to 92 to remain. The majority are now life peers, appointed by the Monarch on the Prime Minister’s advice.

Question 6

What are the different types of members in the House of Lords?

Answer 6

The House of Lords includes Lords Temporal (life peers and hereditary peers) and Lords Spiritual (senior clergy of the Church of England).

Question 7

Explain the proposed House of Lords reform and the reasons for its withdrawal.

Answer 7

In 2011, the Government proposed to reform the House of Lords by reducing its size, making 80% elected and 20% appointed. The reform was controversial, facing opposition from Conservative backbenchers and others, and was withdrawn in 2012.

Question 8

Explain the meeting and duration of Parliament.

Answer 8

Parliament must be summoned every three years and conventionally meets throughout the year. The Parliament Act 1911 limits the maximum life of a Parliament to five years.

Question 9

Explain the changes introduced by the Fixed-term Parliaments Act (FTPA) 2011.

Answer 9

The FTPA 2011 replaced the Monarch’s prerogative power to dissolve Parliament with fixed election dates. It allowed early elections under specific circumstances: a no-confidence vote or a two-thirds majority vote for an early election.

Question 10

Describe the process that led to the repeal of the FTPA 2011.

Answer 10

The FTPA 2011 was circumvented for the December 2019 general election through the Early Parliamentary General Election Act 2019. In 2022, the Dissolution and Calling of Parliament Act repealed the FTPA 2011, reviving the Monarch’s prerogative power to dissolve Parliament.

Question 11

What are the ‘sessions’ of Parliament, and how do they end?

Answer 11

Each Parliament is divided into ‘sessions’, usually lasting a year and starting in the spring. A session ends with ‘prorogation’ by Royal Decree, terminating pending business. Public bills not passed into law usually lapse, but can be carried over to the next session with agreement.

Question 12

Differentiate between ‘public bills’ and ‘private bills.’

Answer 12

Public bills alter the general law affecting the entire public. Private bills address individual, corporate, or local interests, impacting specific persons or localities. An example of a private bill is one authorizing a new railway line.

Question 13

What are the different types of public bills?

Answer 13

Public bills are categorized as Government bills, introduced as part of the Government’s legislative program, and Private members’ bills, introduced by MPs or Lords who are not government ministers.

Question 14

Explain the impact of Private members’ bills and provide examples.

Answer 14

Private members’ bills, while a minority become law, often raise public awareness. Examples include bills that led to the criminalization of upskirting and those opposing a ‘no-deal’ Brexit. Notable Acts originating as Private members’ bills are the Murder (Abolition of Death Penalty) Act 1965 and the Abortion Act 1967.

Question 15

Outline the legislative process in Parliament.

Answer 15

The process involves stages from the first reading (formal introduction) to the Royal Assent (bill becoming law). Key stages include the second reading (debate on general principles), committee stage (detailed examination), and the third reading (final consideration).

Question 16

Describe the role of the House of Lords in the legislative process and the ‘Salisbury Convention.’

Answer 16

The House of Lords, often called a ‘revising chamber,’ scrutinizes and suggests amendments to bills. The Salisbury Convention dictates that the Lords will not reject bills reflecting a major part of the elected Government’s manifesto.

Question 17

Explain the purpose and impact of the Parliament Acts 1911 and 1949.

Answer 17

These Acts limit the House of Lords’ power to reject bills passed by the Commons, ensuring the Commons’ will prevails. The 1911 Act removed the Lords’ right to reject money bills and limited their ability to reject non-money bills. The 1949 Act further reduced the Lords’ delaying power.

Question 18

What are the circumstances for Royal Assent to a bill without the House of Lords’ consent?

Answer 18

Under the Parliament Acts, the Monarch can grant Royal Assent to a bill without the Lords’ consent if: it is a money bill passed by the Commons, or if a public bill is passed by the Commons in two successive sessions but rejected by the Lords.

Question 19

Explain the significance of the case of R (Jackson) v Attorney General UKHL 56.

Answer 19

This case settled a debate regarding the validity of the Parliament Act 1949. It established that the Act was properly enacted, affirming the use of the 1911 Act to enact the 1949 Act.

Question 20

What is delegated legislation, and what forms can it take?

Answer 20

Delegated legislation involves the transfer of law-making power from Parliament to ministers. This empowers ministers to create rules and regulations, often in the form of statutory instruments, to supplement Acts of Parliament.

Question 21

Explain the role of Parliament in relation to delegated legislation.

Answer 21

Parliament’s role shifts from law-making to scrutiny. It cannot amend delegated legislation and often only votes on it under specific procedures.

Question 22

Describe the two main parliamentary procedures for scrutinizing delegated legislation.

Answer 22

The Affirmative resolution procedure requires a resolution by one or both Houses for the instrument to take effect. The Negative resolution procedure requires the Government to ‘annul’ the instrument if either House rejects it within a specified period.

Question 23

Define the doctrine of parliamentary sovereignty.

Answer 23

Parliament has the right to make or unmake any law, no Parliament can bind a successor, and no other body can question the validity of an Act of Parliament.

Question 24

Outline the historical development of parliamentary sovereignty, focusing on the Bill of Rights 1689.

Answer 24

The Bill of Rights, established after the Glorious Revolution, shifted power from the Monarch to Parliament. Article 9 guarantees free speech in Parliament, contributing to the development of parliamentary sovereignty as defined by Dicey.

Question 25

What is the ‘Enrolled Act’ rule, and what case law supports it?

Answer 25

The rule states that once an Act is entered onto the Parliamentary roll, courts cannot question its validity or hold it void, regardless of procedural irregularities. This is supported by cases like Edinburgh & Dalkeith Railway Co v Wauchope and Pickin v British Railways Board.

Question 26

Explain the potential exception to the ‘Enrolled Act’ rule as suggested in R (Jackson) v Attorney General UKHL 56.

Answer 26

This case hinted that courts might consider an Act’s validity in specific situations, particularly involving statutory interpretation. The case concerned the Hunting Act 2004 and whether the 1911 Parliament Act could be used to enact the 1949 Act.

Question 27

Provide examples demonstrating the unlimited legislative competence of Parliament.

Answer 27

Statute overriding international law (Cheney v Conn), statute overriding constitutional conventions (Madzimbamuto v Lardner-Burke), statute altering the constitution (Acts of Union), statute operating retrospectively (Burmah Oil Co v Lord Advocate), and statute abolishing or curtailing aspects of the royal prerogative (Crown Proceedings Act 1947).

Question 28

Explain the doctrine of express repeal.

Answer 28

If a later Parliament explicitly states that the contents of an earlier Act are repealed, that earlier Act is no longer valid.

Question 29

Explain the doctrine of implied repeal.

Answer 29

If a later Parliament passes an Act that conflicts with an earlier Act without explicitly repealing it, the later Act takes precedence. Ellen Street Estates v Minister of Health illustrates this, stating that Parliament cannot bind itself to the form of future legislation and implied repeal can occur.

Question 30

What are the domestic limitations on parliamentary sovereignty?

Answer 30

Acts of Union, Devolution, Acts of Independence, limits on implied repeal, the ‘manner and form’ debate, Henry VIII powers, and the rule of law.

Question 31

Discuss the argument that the Acts of Union 1706-07 act as a partial written constitution for the UK, potentially limiting parliamentary sovereignty.

Answer 31

Some argue the Acts, preserving the Scottish legal system and Church of Scotland, bind future Parliaments. The case of MacCormick v Lord Advocate (1953) suggested Westminster might be bound, but the return of devolved power to Scotland makes this debate somewhat academic.

Question 32

Explain how devolution impacts parliamentary sovereignty, focusing on the Scotland Act 1998.

Answer 32

Devolution grants legislative powers to devolved parliaments/assemblies (Scotland, Wales, Northern Ireland). While the UK Parliament remains supreme, it generally avoids legislating on devolved matters without consent (Sewel Convention). The Scotland Act 1998 created the Scottish Parliament with powers in areas like health and education, but reserves others like foreign affairs for Westminster.

Question 33

Explain the provisions of the Scotland Act 2016 and their implications for parliamentary sovereignty.

Answer 33

It makes the Scottish Parliament and Government permanent, requiring a referendum for abolition. It strengthens the Sewel Convention and devolves more powers, including income tax variation.

Question 34

Explain the potential limitation on the UK Parliament’s power to repeal the Scotland Act 1998.

Answer 34

Without a referendum, it would be difficult for the UK Parliament to repeal the Scotland Act 1998. This is due to the Act’s provisions regarding permanency and the need for a referendum.

Question 35

Explain the debate regarding Acts of Independence and Parliament’s ability to reverse them.

Answer 35

Although legally possible, reversing Acts granting independence to former colonies is unlikely due to political and practical reasons. Enforcing such legislation would also be unenforceable.

Question 36

Discuss the potential limitation on the doctrine of implied repeal related to ‘constitutional statutes.’

Answer 36

Laws LJ, in Thoburn v Sunderland City Council, argued that ‘constitutional statutes’, due to their significance, can only be repealed expressly, not impliedly. He defined ‘constitutional statutes’ as those shaping the citizen-state relationship or impacting fundamental rights, citing Magna Carta and the Human Rights Act 1998 as examples.

Question 37

Explain the implications for parliamentary sovereignty related to the ‘manner and form’ debate.

Answer 37

The debate centers on whether an earlier Parliament can bind a future Parliament regarding the procedure for enacting or repealing legislation (entrenchment). Arguments supporting this theory cite the Parliament Acts and Commonwealth cases like Attorney General for New South Wales v Trethowan.

Question 38

Present the arguments against the ‘manner and form’ theory.

Answer 38

Opponents dispute the relevance of the Trethowan case, arguing it’s persuasive, not binding, and concerns a subordinate legislature. They argue that defining ‘Parliament’ was fixed in 1688, limiting the power of any Parliament to redefine it or impose procedural restrictions on future Parliaments.

Question 39

Explain the potential impact of ‘Henry VIII’ powers on parliamentary sovereignty.

Answer 39

These powers, often included in Government-introduced legislation, allow ministers to amend or repeal statutes through delegated legislation. Critics argue this undermines Parliament’s sovereignty by transferring law-making power to the executive.

Question 40

Discuss the argument that the rule of law might supersede parliamentary sovereignty under extreme circumstances.

Answer 40

Lord Steyn, in R (Jackson) v Attorney General, suggested that the rule of law, a common law principle, could limit parliamentary sovereignty if Parliament acted contrary to it. He cited abolishing judicial review as an example where courts might intervene. Lord Bingham, however, adopted a more cautious approach, emphasizing Parliament’s unconstrained power.

Question 41

Outline the dualist system in the UK and its relation to international treaties.

Answer 41

Under the dualist system, treaties signed by the Government don’t automatically change domestic law. Parliament must enact legislation to incorporate treaty obligations into domestic law.

Question 42

Explain the doctrine of supremacy of European Union law and its impact on parliamentary sovereignty during the UK’s EU membership.

Answer 42

The EU legal order, based on treaties like the TEU and TFEU, required member states to give supremacy to EU law. This raised questions about the compatibility with parliamentary sovereignty as EU law took precedence over conflicting national law. The European Communities Act (ECA) 1972 incorporated EU law into the UK system.

Question 43

Outline the significance of the Withdrawal Agreement in relation to parliamentary sovereignty and EU law.

Answer 43

The Withdrawal Agreement, negotiated between the UK and EU, sets the terms for the UK’s exit. The EUWA 2018 gives the Agreement supremacy, similar to the ECA 1972 for EU treaties, meaning provisions meeting direct effect criteria override conflicting national law.

Question 44

List the different types of EU secondary legislation.

Answer 44

Regulations (directly applicable in all member states), Directives.

Question 45

List the different types of EU secondary legislation.

Answer 45

Regulations (directly applicable in all member states), Directives (require member state implementation), Decisions (binding on specific addressees), and Recommendations and opinions (non-binding).

Question 46

Explain the role of the ECJ’s jurisprudence as a source of EU law.

Answer 46

Although the ECJ is not bound by precedent, its judgments significantly influence EU law. National courts apply ECJ rulings, contributing to the development of principles like direct effect and state liability.

Question 47

What are general principles of EU law, and provide examples.

Answer 47

Developed by the ECJ, these principles, often derived from member state traditions, are important in EU law. Examples include proportionality, equality, fundamental rights, and legitimate expectation/legal certainty.

Question 48

Explain the principle of ‘direct effect’ and differentiate between ‘vertical’ and ‘horizontal’ direct effect.

Answer 48

Direct effect allows individuals to enforce EU law rights in national courts. Vertical direct effect is against the state or a public body (Van Gend en Loos). Horizontal direct effect is against individuals or private entities (Defrenne v SABENA).

Question 49

Outline the conditions for a provision of EU law to have direct effect.

Answer 49

The provision must be clear, precise, unconditional, and not require further measures (Van Gend criteria). Directives need the additional condition of the implementation deadline being passed (Pubblico Ministero v Ratti).

Question 50

Explain the significance of the Marshall v Southampton & SW Hampshire Area Health Authority case.

Answer 50

This case established that Directives have vertical direct effect against Member States, regardless of their capacity. Miss Marshall successfully claimed sex discrimination against her NHS employer based on the Equal Treatment Directive.

Question 51

Explain how the ECJ defines a ‘public body’ or ‘emanation of the State’ for the purpose of the vertical direct effect of directives.

Answer 51

Based on Foster v British Gas, a body can be an ‘emanation of the State’ if it provides a public service under state control and has special powers beyond those of individuals. The Farrell v Whitty case clarified that not all three criteria must be met, a body can still be an emanation even without all the characteristics.

Question 52

Explain the UK’s approach to incorporating EU law, particularly the role of the European Communities Act (ECA) 1972.

Answer 52

The UK adopted a ‘dualist’ system, requiring Parliament to legislate to incorporate treaty obligations. The ECA 1972 incorporated the TFEU into UK law, making directly effective EU law enforceable in UK courts.

Question 53

Outline the key provisions of the ECA 1972 related to the supremacy of EU law.

Answer 53

Section 2(1) made directly effective EU law enforceable in UK courts, Section 2(2) allowed the UK Government to implement EU law through delegated legislation, Section 2(4) required UK legislation to comply with EU law, and Section 3(1) bound UK courts to apply EU law as interpreted by the CJEU.

Question 54

Explain the purpose and process of Article 267 references.

Answer 54

This procedure enables national courts to seek rulings from the CJEU on EU law questions. References are made when a decision on EU law is ‘necessary’ for judgment (CILFIT criteria). Courts of mandatory jurisdiction (no appeal possible) are obligated to refer, while courts of permissive jurisdiction (appeal possible) have discretion.

Question 55

Explain the impact of Section 2(4) of the ECA 1972 on the relationship between UK law and EU law.

Answer 55

It required UK courts to interpret UK legislation to comply with EU law (indirect effect). If this wasn’t possible, directly effective EU law took precedence, setting aside conflicting national legislation. This was affirmed in R v Secretary of State, ex p Factortame (No 2).

Question 56

What is the doctrine of indirect effect, and what case law exemplifies its application in the UK?

Answer 56

Indirect effect obligates national courts to interpret national law consistently with EU law, even if it requires departing from literal meaning or implying words. Pickstone v Freemans plc, where the House of Lords interpreted UK regulations in line with the Equal Pay Directive, exemplifies this.

Question 57

Explain the distinction between implementing and non-implementing legislation in relation to indirect effect, and provide examples.

Answer 57

Implementing legislation aims to directly implement a Directive (e.g., Pickstone v Freemans). Non-implementing legislation predates a Directive, but courts are still required to interpret it consistently (e.g., Webb v EMO Air Cargo (UK) Ltd).

Question 58

What are the limitations to indirect effect?

Answer 58

It cannot be applied where there’s a clear conflict between national law and the Directive (Wagner Miret) or where it would impose criminal liability based on a non-implemented Directive (Luciano Arcaro).

Question 59

Explain the events leading to the landmark decision in R v Secretary of State, ex p Factortame (No 2) and its impact on parliamentary sovereignty.

Answer 59

This case concerned the Merchant Shipping Act 1988, which conflicted with EU law on free movement. The House of Lords, following a CJEU ruling, granted an injunction suspending the Act, demonstrating the precedence of directly effective EU law over conflicting UK law due to Section 2(4) of the ECA 1972.

Question 60

Explain the principle of state liability for breach of EU law as established in the Francovich case.

Answer 60

This principle allows individuals to claim damages from a Member State for breaching EU law, provided the breach was intended to confer rights on individuals, the rights are clear, and there’s a causal link between the breach and the injury. This was initially related to a failure to implement a Directive.

Question 61

Explain how the Brasserie du Pêcheur/Factortame No 4 case expanded the scope of state liability.

Answer 61

This case extended state liability beyond non-implementation to cover any sufficiently serious breach of EU law infringing individual rights. This broadened the scope to include incorrect implementation and Treaty article breaches.

Question 62

Outline the conditions for a Member State to be liable in damages for breaching EU law, including the concept of a ‘sufficiently serious breach’.

Answer 62

The breach must infringe a rule conferring rights on individuals, be sufficiently serious, and have a direct causal link to the damage. A ‘sufficiently serious breach’, particularly where discretion exists, involves ‘manifestly and gravely disregarding’ the limits on discretion.

Question 63

Explain the circumstances when a breach of EU law is considered ‘sufficiently serious’, and provide relevant case law examples.

Answer 63

The level of discretion, intent, excusability of error, contribution by EU institutions, and adherence to EU law are considered. R v HM Treasury, ex p British Telecommunications shows a non-sufficiently serious breach due to Directive ambiguity. Conversely, in Dillenkofer, total non-implementation was automatically deemed sufficiently serious due to lack of discretion.

Question 64

How did the repeal of the ECA 1972 impact the principle of supremacy of EU law in the UK?

Answer 64

The EUWA 2018 repealed the ECA 1972. Although this ended the supremacy of EU law, Section 5(2) initially preserved the supremacy of retained EU law (converted EU law in force at the transition’s end). The REULA 2023 later ended the supremacy of EU law and relabeled retained EU law as assimilated law.

Question 65

Describe the different categories of ‘retained EU law’ and their status after the REULA 2023.

Answer 65

Retained EU law included EU-derived domestic legislation, Direct EU legislation, and Rights under Section 2(1) of the ECA 1972. Following REULA 2023, EU-derived domestic legislation and Direct EU legislation became part of ‘assimilated law,’ while rights under Section 2(1) were abolished unless restated by the Government.

Question 66

Outline the key developments in the incorporation of the ECHR into UK law.

Answer 66

The UK signed the ECHR in 1951, recognized individual petition rights in 1965, and fully incorporated it through the Human Rights Act 1998. This allowed individuals to raise ECHR breaches in domestic courts, whereas previously, they had to appeal to the ECtHR in Strasbourg.

Question 67

Compare the method of incorporation of the ECHR with that of EU law.

Answer 67

EU law was incorporated using a ‘strong’ method, giving it supremacy over conflicting national law. The HRA 1998 adopted a ‘weak’ method, preserving parliamentary sovereignty. It aimed to guide interpretation rather than strike down legislation.

Question 68

Outline the key provisions of the Human Rights Act 1998 related to parliamentary sovereignty.

Answer 68

Section 1 incorporates listed ECHR articles, Section 2 mandates considering ECtHR judgments, Section 3 requires interpreting legislation in line with Convention rights, Section 4 allows for declarations of incompatibility, Section 10 provides a fast-track amendment process, and Section 19 requires a Minister’s statement of compatibility.

Question 69

Explain how Section 3 of the HRA 1998 impacts statutory interpretation, providing case examples.

Answer 69

Section 3 mandates interpreting legislation compatibly with Convention rights ‘so far as possible’. In R v A (No 2), the House of Lords interpreted rape trial evidence restrictions to protect a fair trial right. In Ghaidan v Godin-Mendoza, housing legislation was interpreted to extend tenancy inheritance rights to same-sex partners.

Question 70

Discuss the emerging government policy of disapplying Section 3 of the HRA 1998 and provide a relevant example.

Answer 70

The Government seeks to limit Section 3’s broad interpretation by disapplying it in certain legislation. The Illegal Migration Act 2023 exemplifies this, aiming to prevent courts from interpreting its provisions in line with Convention rights. This ensures the courts adhere to parliamentary intent.

Question 71

What are declarations of incompatibility under the HRA 1998, and what impact do they have on legislation?

Answer 71

Issued under Section 4 when legislation cannot be interpreted compatibly with Convention rights, they state that the legislation conflicts with the ECHR. They don’t invalidate the legislation, but often create political pressure for amendment.

Question 72

Provide examples demonstrating the political impact of declarations of incompatibility.

Answer 72

In R (Anderson) v Secretary of State for the Home Department, a declaration led to the abolition of the Home Secretary’s sentencing power for murder. Similarly, in A and others v Secretary of State for the Home Department, a declaration led to the repeal of indefinite detention provisions for suspected terrorists.

Question 73

Discuss the exception to the general trend of responding to declarations of incompatibility, focusing on the Hirst v United Kingdom case.

Answer 73

This case involved the ECtHR ruling against the UK’s blanket ban on prisoner voting. Despite a declaration of incompatibility by the Scottish courts, the UK Government and Parliament resisted amendment, opting for a compromise by allowing certain released prisoners to vote.

Question 74

Explain the purpose and impact of statements of compatibility under Section 19 of the HRA 1998.

Answer 74

Section 19 requires Ministers to declare a bill’s compatibility with Convention rights or state their intention to proceed despite incompatibility. While not legally binding, it’s rare for the Government to proceed with incompatible bills, making it a political rather than legal limitation on sovereignty.

Question 75

Discuss the political debate regarding potential repeal of the Human Rights Act 1998, including the Government’s proposed Bill of Rights.

Answer 75

Despite political and media criticisms, repealing the HRA 1998 is politically sensitive. The Conservative Party’s 2019 manifesto proposed updating the Act, leading to the Independent Human Rights Act Review (IHRAR). The IHRAR recommended minor changes, but the Government proposed a Bill of Rights to replace the HRA 1998, aiming to rebalance the relationship between courts, the ECtHR, and Parliament.

Question 76

Outline the key features of the Bill of Rights Bill and the arguments against it.

Answer 76

The Bill aimed to repeal the HRA 1998 while retaining ECHR membership. It proposed changes like a new permission stage for claims, removal of the interpretive obligation, and limitations on using ECtHR judgments. Critics argued it would weaken human rights protection and increase cases against the UK at the ECtHR, leading to its withdrawal in June 2023.

Question 77

Explain the concept of parliamentary privilege and its purpose.

Answer 77

Both Houses of Parliament have privilege jurisdiction to manage their proceedings without external interference. It protects Parliament’s internal affairs and ensures the freedom of members to perform their duties.

Question 78

What are the main privileges of the House of Commons?

Answer 78

Freedom of speech and the right to control its composition and procedures (‘exclusive cognisance’). The Committee of Privileges examines privilege-related matters.

Question 79

Explain the basis and purpose of the ‘freedom of speech’ privilege in Parliament.

Answer 79

Grounded in Article 9 of the Bill of Rights 1689, it grants immunity from legal action for parliamentarians, officials, and witnesses, allowing them to speak freely without fear of reprisal.

Question 80

Discuss the concerns and controversies surrounding the absolute privilege of ‘freedom of speech’, and provide examples.

Answer 80

This privilege, while essential for open debate, raises concerns about potential abuse, such as making defamatory statements without legal consequences. Examples include Lord Hain naming a businessman despite an injunction and MP John Hemming revealing a footballer’s affair despite a gag order.

Question 81

Explain the scope of ‘proceedings in Parliament’ in relation to the ‘freedom of speech’ privilege, and provide relevant case law.

Answer 81

While clearly including debates, questions, and committee proceedings, the exact scope is difficult to define. Generally, it extends to actions and statements connected to these proceedings. Case law like Church of Scientology v Johnson-Smith shows the broad interpretation of this privilege.

Question 82

Discuss the concept of ‘qualified privilege’ in relation to parliamentary proceedings.

Answer 82

Certain statements and publications, like fair and accurate reports of parliamentary proceedings, are protected by ‘qualified privilege.’ This means they’re protected from defamation actions unless malice is proven (Wason v Walter).

Question 83

Explain how the case of Pepper v Hart changed the use of Hansard in court proceedings.

Answer 83

This case allowed courts to refer to Hansard, the official record of parliamentary debates, to clarify ambiguous legislation, overriding previous concerns about breaching parliamentary privilege.

Question 84

Explain Parliament’s right to ‘exclusive cognisance’ and its implications.

Answer 84

Parliament has sole authority over its affairs, including procedures, discipline, and handling contempt. Courts generally avoid intervening in Parliament’s internal matters, as seen in Pickin v British Railways Board, where the court refused to question the validity of an Act based on procedural irregularities.

Question 85

Discuss the significance of the case of R v Chaytor (David) and others in relation to parliamentary privilege and criminal prosecutions of MPs.

Answer 85

This case involved MPs charged with false accounting regarding expenses claims. The Supreme Court ruled that parliamentary privilege didn’t prevent the Crown Court from trying them, as it primarily protects speech and debate, not criminal conduct, even within Parliament.

Question 86

What were the key outcomes and responses to the MPs’ expenses scandal?

Answer 86

The scandal exposed fraudulent expenses claims, leading to criminal prosecutions and public scrutiny. It prompted the establishment of the Independent Parliamentary Standards Authority (IPSA) to oversee and regulate MPs’ expenses through the Parliamentary Standards Act 2009.

Question 87

What are the main limitations on parliamentary sovereignty?

Answer 87

The limitations on parliamentary sovereignty include the impact of devolution, the concept of constitutional statues, and the ‘manner and form’ debate. The rule of law is also a potential limitation. European limitations stem from the UK’s membership in the EU and the incorporation of the ECHR.

Question 88

What are the main points related to parliamentary privilege?

Answer 88

Parliamentary privilege is designed to ensure that members of Parliament can carry out their duties without outside interference. The proceedings in Parliament are absolutely privileged, allowing individuals immunity from legal proceedings.