Parliamentary sovereignty

Question 1

What is Parliamentary sovereignty?

Answer 1

‘Rule of recognition’ - Hart

Will of Parliament, expressed in Acts of Parliament and must be obeyed by everyone.

Question 2

Origins and Nature of Parliamentary sovereignty

Answer 2

Post 1688 (Post Glorious Revolution) : Bill of Rights 1689 : no one can suspend or execute laws without the consent of Parliament.

Question 3

Orthodox account of Parliamentary sovereignty

Answer 3

“Parliament has the right to make or unmake any law whatsoever and no person can override or set aside the legislation of Parliament (Dicey).

Parliament cannot legislative to limit its own power however, it cannot alter the rule of recognition.

Question 4

Implications of the Orthodox account: implied repeal

Answer 4

Courts have to give effect to most recent Act of Parliament even in most recent act does not expressly reveal the previous act.