parl sov

Question 1

What is parl son

Answer 1

the idea that parl is the ultimate source of law and that no one can override it

Question 2

What is the orthodox view of A.V Dicey

Answer 2

that parl can ‘make or unmake law whatever, no person or body can set aside legilsation’

Question 3

What are the three impacts of the orthodox view

Answer 3

1) that parl can legislation on any subject matter, for anyone anywhere- McCormick v Lord Advocate
2) that laws apply equally to everyone
3) that parl cannot bind its sucessors

Question 4

What does parl son say about the relationship between parl and the courts- case

Answer 4

British Railway Board v Pickin- the courts should apply the law and not call it into question

Question 5

What is the highest form of law in the UK

Answer 5

statute

Question 6

Legally there is ultimate sov of parl, however what challenges this

Answer 6

the views of MPs and opposing parties seeks to reduce true sov, thus prevents abuse

Question 7

Two consequences of parl sov

Answer 7

1) retrospective legislation contrary to the rule of law - Burham Oil v Lord Advocate
2) Contrary to international legisaltion- Cheney v Conn_ legislation of the Finance Act which was country to a provision of the Geneva Convention- held that domestic law was supreme

Question 8

What is Dicey’s orthodox view supported by

Answer 8

the doctrine of implied repeal- stating that no parl can bind future parl and thus legislation passed impliedly repeals and prevails over inconsistent laws, thus parl have some limitations imposed by convention thus not truly sov