Doctrine of Parliamentary Supremacy Flashcards
Who defined parliamentary supremacy?
A.V. Dicey
Define parliamentary supremacy.
- parliament can legislate on any subject matter.
- parliament cannot be bound by a predecessor, nor can bind a successor.
- no other body can overrule parliament.
What is the Act of Settlement 1701?
The English and Irish crown is entitled to protestants only. It is a part of UK constitution.
Through what legislation do parliament create their own powers?
The Parliament Act 1911 and the Parliament Act 1949.
These also place limits on the House of Lords to vote against a bill.
What are the advantages of parliamentary supremacy?
The choice of government is democratic and parliament can’t bind a successor.
What are the disadvantages of parliamentary supremacy?
- Arbitrary power to the state.
- Lack of professional opinion.
- Parliament is supreme.
What are the limitations on parliamentary supremacy?
Human Rights Act 1998
Devolution
EU membership
Why is the Human Rights Act 1998 a limitation on parliament?
All acts must be compliant, if they are not then they may be challenged in court. This is outlined in S.1.
Why is devolution a limitation of parliamentary supremacy?
Other nations of the UK are given powers to legislate their own powers. Supremacy is lost in those states. The power of defence is not devolved.
This is done by the Scotland Act 1998 and the Wales Act 1998.
Can the Scotland Act 1998 and the Wales Act 1998 be repealed?
Yes, although it would cause disruption and is not ideal.
Why is EU membership a limitation on parliamentary supremacy?
When a member of the EU, parliament are bound by EU directives. This isn’t an active limitation, as of January 2020.
