Parliamentary Sovereignty Flashcards
what is manner and form entrenchment?
set of procedures and hurdles to make it more idfficultt o change the law\
is there entrenched legislation in the uk?
NO.
what is a dualist state?
law from international law and domestic.
what is the effect of Factortame no 2?
courts could now suspend an act of parliament where they were required to do so by EU law. However the binding effect only lasted for as long as Parliament wished to be bound by it. so, parliament can impose limitations upon itself, but the soverignty principle remains, because it cannot prevent future parliament’s removing those limitations.
no parliament can bind future ones on procedural requirements.
what is the political rule created by the sewel convention?
UK parliament will not normally legislate on devolved matters without the consent of the relevant legislature.
does the HRA 1998 have a higher status?
yes- s3 and s4.
constitutional statute, but only as long as subsequent partliament wish it to.
can a judicial body nullify an act of parliament?
NO! ACTS OF PARLIAMENT are the highest forms of law and no judicial body can nullift it.
uk law vs international treaty obligations?
acts of parliament are supreme and take precedence.
