Legislative Authority of Parliament

Question 1

Parliament/Legislature is comprised of:

Answer 1

• House of Commons
• House of Lords
• Crown

Question 2

Parliamentary Sovereignty

Answer 2

Parliament’s right to make and unmake laws, no body can override it.

AV Dicey

Question 3

Citizens cannot question Acts of Parliament:

Answer 3

British Railways Board v Pickin

Question 4

Courts cannot question Acts of Parliament:

Answer 4

Stella v Desmond William Lardner-Burke.

Question 5

Judicial obedience to Parliament:

Answer 5

Manuel v Attorney General

Question 6

Parliament can legislate retrospectively and prospectively:

Answer 6

Burmah Oil v Lord Advocate

Question 7

Doctrine of Implied Repeal:

Answer 7

Courts will always apply the most recent statute.

Vauxhall Estates v Liverpool Corporation

Question 8

Are Constitutional Statutes subject to the doctrine of implied repeal?

Answer 8

No, Thoburn v Sunderland City Council

Question 9

What is a Constitutional Statute?

Answer 9

Conditions the relationship between civilians and the state in overarching manner.

Question 10

Lord Woolf’s View on Parliamentary Supremacy?

Answer 10

“If Parliament did the unthinkable, then the courts can act without precedent to counteract them”

Question 11

John Laws’ view

Answer 11

“The constitution is sovereign, not parliament”

Question 12

Jackson v Attorney General:

Answer 12

Constitution dominated by parliamentary sovereignty but it is no longer absolute.

Question 13

Lord Hope’s view:

Answer 13

Courts shall disregard/ void all acts which exceed limits of power.

Question 14

British Railways Board v Pickin

Answer 14

Function of courts is to consider and apply acts of parliament.

Question 15

Manuel v Attorney General

Answer 15

“Duty of the court is to obey and apply Acts of Parliament”

Question 16

Burmah Oil v Lord Advocate

Answer 16

Parliament would be bankrupt if they compensated all the property they damaged during War. They created War Damages Act of 1965.

Question 17

Stella v Desmond William Lardner-Burke

Answer 17

Although it would be unconstitutional for Parliament to do certain things, it does not mean they cannot

Question 18

Thoburn v Sunderland City Council

Answer 18

Weights and Damages Act 1985 was said to have impliedly repealed European Communities Act 1972. It was held that under the European Communities act, all EU Law incorporated into domestic law would take precedence.