ELS-Parliamentary Law-Doctrine of Parliamentary Supremacy Flashcards
Who set out the 3 elements of parliamentary sovereignty?
A.V. Dicey
What are the 3 elements of parliamentary supremacy?
- Parliament can legislate on any subject matter
- No Parliament can be bound by any past Parliament, nor bind future ones
- No other body has a right to override Parliament
Give examples of how Parliament can pass laws on any matter.
The Act of Settlement (1701) removed James II’s children from the line of succession.
It can change its own powers
Give an example of how Parliament has changed its own powers.
The Parliament Acts of 1911 and 1949 reduced the power of the Lords
What does the 2nd element of parliamentary sovereignty mean (cannot bind successor)
Parliament can repeal any Acts passed in the pasts
Give an example of a law which Parliament cannot repeal from the past.
The Statute of Westminster 1931 said Parliament could no longer set laws in Dominions (now called Commonwealth countries e.g., Australia/Canada)
These countries would object if UK tried to reassert control over them.
What does the 3rd element of parliamentary supremacy mean?
No other body can set rules which over-ride parliament’s wishes
Give example of how Parliament cannot be overruled by others.
The European Communities Act 1972 took Britain into the EEX (which later became EU)
Following Brexit vote, Theresa Nay wanted to take Britain out of EU w/o consulting Parliament but it was challenged in R v The Secretary of State for Exiting the European Union (2016).
The Supreme Court rules that the government could not over-ride the 1972 Act and therefore, Parliament would need to agree to Brexit
What are some modern limitations to Parliamentary sovereignty?
Effects of the Human Rights Act 1998
Devolution
How does the Human Rights Act 1998 limit parliamentary supremacy?
This said that all Acts need to conform to the European Convention on Human Rights (ECHR) – where this is not the case, the courts can state as much.
How does devolution limit parliamentary supremacy?
The Scotland Act 1998 and the Wales Act 1998 have devolved (handed down) powers to the Scottish and Welsh Parliaments; theoretically these acts could be reversed but practically it would likely be impossible.
