Parliament

Question 0

Jackson

Answer 0

The courts may, in certain circumstances, be prepared to consider the validity of an Act of Parliament. Lord Steyn: ‘Parliamentary Supremacy is a construct of the common law –> judges could qualify the principle to prevent Parliament from legislating in a manner contrary to the rule of law
Debate about ‘manner and form’ theory: Lord Steyn ‘ redefinition of Parliament could not be disregarded’ Lord Hope ‘it is a fundamental aspect of Parliamentary Sovereignty that no Parliament can bind its successors. There are no means whereby it can entrench an Act of Parliament’

Question 1

Pickin v British Railways

Answer 1

The courts have no power to disregard an Act of Parliament, or to investigate proceedings which had taken place in Parliament

Question 2

Madzimambuto v Lardner-Burke

Answer 2

Statute may override constitutional conventions (Souther Rhodesia Act case)

Question 3

Burmah Oil v Lord Advocate

Answer 3

Statute may operate retrospectively

Question 4

ex p Fire Brigades Union

Answer 4

Act of Parliament prevented the royal prerogative being used in the circumstance

Question 5

Thoburn v Sunderland City Council

Answer 5

(obiter) ECA 1972 is a constitutional statute and cannot therefore be impliedly repealed.
Constitutional statutes are those of such significance that the courts would require actual intention from Parliament to change them, not an implied intention

Question 6

ex p Factortame

Answer 6

suspending an Act of Parliament to the advantage of EU law

Question 7

Garland v British Rail

Answer 7

there is no legal limitation which would prevent Parliament from expressly repealing the provisions of the ECA 1972