Parliamentary Law Making Flashcards
Court Structure
SUPREME COURT
COURT OF APPEAL
CROWN COURT HIGH COURT
MAGISTRATES COUNTY COURTS
Parliamentary Systems
The Parliamentary system is a bicameral system (two houses). But is a tripartite indenture (3 steps).
Parliament = House of Commons, House of Lords and the Queen.
Houses of Parliament = Westminster Palace.
Parliamentary Sovereignty/Supremacy
Unlike new countries, the UK has no written constitution. Therefore, there is no higher authority than parliament
No higher law than parliamentary law. Therefore the role of the courts is to simply apply the will of parliament, not to question it. Meaning all parliamentary made laws are equal. We have no “entrenched” legislation.
Cheney v Conn (1968)
Finance Act
Geneva Convention - An international treaty setting out what constitutes a “war crime”.
Took a case to court saying that the taxes he was paying going to nuclear weapons was illegal. He lost.
“it is not for this court to say that a parliamentary enactment, the highest law in the land, is illegal.”
Limitations to the rule
Our membership to the EU
Human Rights Act 1998
European Union
UK given a referendum in 1972 to join the EU- “European Communities Act 1972”
Came into effect 1/1/73
“Each member state has agreed that European Law shall become part of their own national laws. Where a particular European law differs from a national law, the European law shall be supreme.”
ECA72 S2(4)
FACTORTAME v Secretary of state for transport (1991)
Merchant Shipping Act 1988
Said that 75% or shares in a vessel allowed to fish in British waters had to be British owned.
Factortame - 100% Spanish, so couldn’t fish in British Waters. Took to a British Court (1991) who agreed with factortame and declared that the Merchant Shipping Act was incompatible with ECA72.
Result: Declaration of incompatibility.
Solution: ECA72
Parliament retains supremacy as it can make/un-make any law it chooses, including ECA. By coming out of the EU there will be a big economic consequence - to which the government is reluctant to use as it would be classes as economic suicide.
Human Rights Act
United Nations - 1948 set up a declaration of Human Rights which was refused. Came into effect October 1st 2000 - 52 years later.
HRA98(S4)
Declaration of incompatibility by courts where an act of Parliament is incompatible with HRA.
Case Example: Anderson.
Solution: Human Rights Act
Parliament can reappeal the Human Rights Act = Poitical Suicide.
Parliamentary Sovereignty/Supremacy
Unlike new countries, the UK has no written constitution. Therefore, there is no higher authority than parliament
No higher law than parliamentary law. Therefore the role of the courts is to simply apply the will of parliament, not to question it. Meaning all parliamentary made laws are equal. We have no “entrenched” legislation.
Cheney v Conn (1968)
Finance Act
Geneva Convention - An international treaty setting out what constitutes a “war crime”.
Took a case to court saying that the taxes he was paying going to nuclear weapons was illegal. He lost.
“it is not for this court to say that a parliamentary enactment, the highest law in the land, is illegal.”
Limitations to the rule
Our membership to the EU
Human Rights Act 1998
European Union
UK given a referendum in 1972 to join the EU- “European Communities Act 1972”
Came into effect 1/1/73
“Each member state has agreed that European Law shall become part of their own national laws. Where a particular European law differs from a national law, the European law shall be supreme.”
ECA72 S2(4)
FACTORTAME v Secretary of state for transport (1991)
Merchant Shipping Act 1988
Said that 75% or shares in a vessel allowed to fish in British waters had to be British owned.
Factortame - 100% Spanish, so couldn’t fish in British Waters. Took to a British Court (1991) who agreed with factortame and declared that the Merchant Shipping Act was incompatible with ECA72.
Result: Declaration of incompatibility.
