Limitations to Parliamentary Sovereignty

Question 1

Limitations to Parliamentary Sovereignty (3 Points)

Answer 1

• whilst there are no limits on the subject matter upon which parliament may legislate, the manner and form in which parliament may legislate may be restricted
• limitations are said to exist in the way legislation is created (manner and form), controversy arises when house of commons tries to legislate in a way that precludes approval of new law by the house of lords, which it can do under the parliament acts
• there are arguments that bills/acts may be subject to injunctions, no royal assent or declared void if correct procedure not followed

Question 2

Attorney General for New South Wales v Trethowan

Answer 2

the new south wales legislature was bound in the way which it abolished its upper house (though this is weak precedent)

Question 3

R (Jackson) v A-G (2 points)

Answer 3

• argument put forward that parliament act 1949 was invalid and thus hunting act 2004 passed under it was invalid due to bypassing the house of lords. the house of lords held that the act was valid but expressed doubts that parliament acts could be used to achieve constitutional change without the house of lords consent
• using acts in such a way would risk political criticism