doctrine of parliamentary supremacy

Question 1

is parliament supreme? if so what does this mean

Answer 1

YES
-It means it can make a law on any topic it likes and can overrule customs, judge-made law and previous acts of Parliament

Question 2

what did Dicey in the 19th Century state what supremacy meant (3 points)

Answer 2

1. Parliament can pass a law on any subject
2. Parliament’s law cannot be set aside by any other body
3. Parliament cannot bind any further Parliament parliament

Question 3

what is the first limit on parliamentary supremacy with example

Answer 3

DEVOLUTION

• this means the transfer of power to a lower level
• eg, The Scotland Act and the Wales Act 1998 handed over some powers to decide on laws to Scotland and Wales to the Scottish and Welsh parliament

Question 4

another limitation on parliamentary supremacy

Answer 4

HUMAN RIGHTS ACT 1998

• this act states all English law must comply with the European convention on human rights which includes the right to a fair trial
• The court can tell Parliament the law does not comply with the convention however the court cannot strike the law down and get rid of it, they can only hope the Parliament will change the law