Parliamentary sovereignty

Question 1

Acedemic
Dicey

Answer 1

‘the right to make or unmake any law’

Question 2

Repealing Acts + PS
Cases [x3]

Answer 2

• Parliament does not have to explicitly repeal the earlier act, but more recent legislation is implied repeal = Ellen Streets Estates v Minister of Health
• Both Miller cases affirm the principle of Dicey because Parlaiment can enact whatever laws it wants, such as through the Withdrawal Act repealing the European Communities Act 1972
• Miller 1 = BREXIT + Miller 2 = prorogue parliament

Question 3

Academic agaisnt Dicey’s theory of parliamentary sovereignty

Answer 3

Jenkins + Goldsworthy = Manner and Form Theory
= Parliament Act 1911 + 1949
+ Jackson case [based on Hunting Act 2004]

Question 4

Cases on clashes of sovereignties

Answer 4

Factortame = Spanish fishermen case = ‘the statute’s operation would be suspend’ when dealing with the conflict between the Merchant Shipping Act 1988 and EU law stated that they could not be discriminated agaisnt so could fish anywhere
+ Thoburn = metric system accord to EU or UK statute allowing pounds? = EU Act must be explictly repealed the Weights and Measures Act did not impliedly repeal it.
— Vs. Lord Hoffman in R v Secretary of State for the Home Department, Ex parte Simms, who stated that ‘Parliament can, if it chooses, legislate contrary to fundamental principles of human rights.’