Parliamentary Sovereignty Flashcards

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1
Q

What is parliamentary sovereignty

A

Law created by parliament-
Highest source of law in England-
Supreme over all other forms of law in England and Wales

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2
Q

What does it mean that the parliamentary sovereignty is supreme over all other forms of law

A

Parliament can legislate on any subject matter-
No parliament can be bound by any previous parliament-
Parliament can’t pass a law that will bind a future parliament-
Nothing has the right to override or set aside an act of parliament

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3
Q

3 limitations on parliamentary sovereignty

A

Effect of the human rights act 1998-
Devolution-
EU membership

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4
Q

Explain the effects of the human rights act 1998

A

Acts of parliament have to be compatible with European convention on human rights-
HRA have the power to declare an act incompatible with ECHR

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5
Q

Explain Devolution

A

Power spread out over UK-
Scotland and Wales act 1998 have handed these nations the power to make laws on some matters for their own country without parliament approval-
The parliament cannot legislate

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6
Q

Explain EU membership

A

EU laws take priority over English law-

Even where English law was passed after EU law on certain areas in Scotland and Wales

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