lesson 3 Flashcards
What is the bedrock of the UK Constitution?
The sovereignty of the Crown in Parliament. (Jackson v Attorney General [2005] UKHL 56)
What is AV Dicey’s definition of Parliamentary Sovereignty?
“Parliament … has … the right to make or unmake any law whatever.”
What is the legal status of statutes in the UK?
Statutes are the highest form of law; courts must apply them. (Cheney v Conn [1968] 1 All ER 779)
Can any body override an Act of Parliament?
No, “no person or body is recognised by the law … as having a right to override or set aside the legislation of Parliament.” (Dicey)
What is the ‘enrolled bill’ rule?
Once a bill is passed and receives Royal Assent, courts cannot question its validity. (Pickin v British Railways Board [1974] AC 765)
What case confirms that courts cannot question Parliament’s law-making process?
Edinburgh & Dalkeith Rlwy Co v Wauchope (1842) 8 Cl & Fin 710
What is the doctrine of implied repeal?
Later statutes automatically override earlier ones if they are inconsistent.
What cases confirm implied repeal?
- Vauxhall Estates Ltd v Liverpool Corp [1932] 1 KB 733
- Ellen St Estates Ltd v Minister of Health [1934] 1 KB 590
What exception to implied repeal exists?
Constitutional statutes cannot be impliedly repealed. (Thoburn v Sunderland CC [2003] QB 151)
Can Parliament impose conditions on future law-making?
Some argue it can use manner and form entrenchment, requiring specific procedures for change.
What cases discuss manner and form entrenchment?
- Attorney General for New South Wales v Trethowan [1932] AC 526
- Harris v Minister of the Interior [1952] (2) SA 428
- Bribery Commissioner v Ramasinghe (1965) AC 172
What UK statute suggests possible entrenchment?
Scotland Act 2016, s.1
What legal principles does Parliamentary Sovereignty establish?
- The hierarchy of laws
- The relationship between Parliament and the courts
What case confirms Parliament’s supremacy over the courts?
Manuel v Attorney General [1983] Ch 77
What case confirms Parliament has the ‘final word’ in the legal system?
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
What case confirms Parliament’s supremacy post-Brexit?
Miller/Cherry (No 2) [2019] UKSC 41
What are some practical (de facto) constraints on Parliament?
- External constraints: International law, treaties, negotiations
- Political constraints: The Sewel convention
- Irreversible actions: Granting independence (e.g., Canada Act 1982)
What is the legal basis for Parliamentary Sovereignty?
It is unclear:
- The Bill/Claim of Rights?
- The Acts of Union?
- A common law rule?
What case argues Parliamentary Sovereignty is a common law construct?
Jackson v Attorney General [2005] UKHL 56 (Lord Steyn, Lord Hope)
What case suggests courts might reject Parliamentary Sovereignty?
Dr Bonham’s Case (1610): Courts can declare Acts void if they contradict fundamental legal principles.
What challenges exist to the Diceyan view of sovereignty?
- Was Parliament born unfree? (MacCormick v Lord Advocate [1953] SC 396)
- Does Parliament have a monopoly on constitutional authority? (Impact of devolution)
- Did EU membership change sovereignty? (Dillon & Ors [2024] NICA 59)
What is Lord Hoffmann’s justification for Parliamentary Sovereignty?
“Parliament derives its unique authority from its representative character.” (Bancoult No 2 [2009] 1 AC 453)
What are criticisms of unlimited Parliamentary power?
- UK Parliament’s democratic legitimacy is questionable.
- Devolution complicates sovereignty.
- Does it undermine fundamental constitutional values?
What case suggests Parliamentary Sovereignty must respect fundamental rights?
Lord Hope in Jackson v Attorney General [2005] UKHL 56
