parliamentary sovereignty

Question 1

what is parliamentary sovereignty

Answer 1

• Dicey: the parliament is the supreme lawmaking authority; can make or unmake any law. Parliament can legislate in whatever area it wants and no one (ie the courts) has the right to override its legislation.
• Limited by conventions, European Convention of Human Law, International law (treaties etc), formerly EU law supremacy.
• parliamentary sovereignty is predicated on other checks and balances.

Question 2

What is the doctrine of implied repeal?

Answer 2

the doctrine of implied repeal means that recent acts supersede old acts. This isn’t applicable to constitutional statute to ensure political prominence in debates on constitutional matters, transparency. The court are tasked w identifies the extent to which there has been an implied repeal and therefore do not feel comfortable making constitutional decisions that might be more appropriate for the parliament to make publicly.

Question 3

limits to parliamentary sovereignty

Answer 3

conventions, European Convention of Human Law, International law (treaties etc), formerly EU law supremacy.