English Legal System: Parliamentary Supremacy Flashcards

English Legal system

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1
Q

When was the supremacy of Parliament established?

A

17th Century

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2
Q

What is the Bill of Rights 1689?

A

It deemed Parliament to be the supreme law maker

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3
Q

What did A. V. Dicey express about Parliamentary supremacy?

A

Parliament can legislate on any subject matter.

No Parliament can be bound by any previous Parliament, nor can a Parliament pass any act that will bind a later Parliament.

No other body has a right to override or set aside an act of Parliament.

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4
Q

What are the limitations on Parliamentary supremacy?

A

Being a member of the EU meant that EU laws take priority over English laws. For example the European Court of Justice ruled that the Merchant Shipping Act 1972 could not be effective.

All acts of Parliament have to be compatible with the European convention on Human rights.

The Scotland Act 1998 and the Wales Act 1998 meant that laws could be made on matters for their own country without parliament’s approval.

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