parliamentary sovereignty

Question 1

what does parliamentary sovereignty mean?

Answer 1

parliament is the supreme authority in the UK

Question 2

how did it come about?

Answer 2

following The Glorious Revolution 1688 the Bill or Rights 1689 was passed. this represented a settlement between the crown and parliament, and established parliament as the superior and sovereign authority

Question 3

according to Dicey, what are the three aspects of parliamentary sovereignty?

Answer 3

• parliament can make and unmake any law on any subject matter
• no person or body has the power to question the validity of an act of parliament
• parliament cannot be bound by its predecessors or bind its successors

Question 4

what are the potential conflicts with the idea that parliament can make and unmake any law?

Answer 4

common law
political and practical restraints
external sources

Question 5

what are the two ways acts of parliament can be repealed/amended?

Answer 5

express repeal

implied repeal

Question 6

what is express repeal?

Answer 6

where parliament passes a new act of parliament that explicitly states that it has repealed an older act, meaning the older act has no legal effect

Question 7

what is implied repeal?

Answer 7

where a new act of parliament contains words that contradict what is said in an older act, but does not explicitly repeal the older act
in this situation the newer act will prevail and impliedly repeal the older act

Question 8

what are the limitations on implied repeal?

Answer 8

constitutional statutes can only be repealed via express repeal not by implied repeal