parliamentary sovereignty Flashcards
describe the legislative process of a bill
first reading - brief bill idea given to HOC.
second reading - main debate on bills principles debated. vote taken if it should proceed to next stage.
statement of compatibility - minister in charge of the bill has to make a written statement saying bill is compatible with convention rights.
committee stage - a small committee of Lords made to put the bill thru scrutiny. suggest amendments
report stage - HOC debates the suggested amendments and other possible amendments.
^^
the bill can pingpong here.
third reading - last chance to make amendments
royal assent - monarch passes bill to make it an Act of Parliament.
define parliamentary sovereignty
the idea that parliament can make or unmake any law whatsoever and no body or court can question an act of parliament.
- A.V Dicey
What are the four rules of parliamentary sovereignty
That Parliament can make or unmake any law whatsoever.
That no body or court of law can question an Act of Parliament.
That no Parliament can bind itself, its successors or be bound by its
predecessors.
That there is no limit in time or space to the legislative competence of
Parliament.
What is rule 1 of parliamentary sovereignty and what case goes with it
Parliament can make or unmake any law whatsoever
there is no moral or legal limitations on legislation made by parliament.
Madzimbamuto v Lardner-Burke
What is rule 2 of parliamentary sovereignty and what case goes with it
That no body or court of law will question an Act of Parliament
Edinburgh and Dalkeith Railway Co. v Wauchope
^ all judges can do is make sure that the act is official of parliament. if it has been passed through the houses with assent- the act is valid.
What is rule 3 of parliamentary sovereignty and what case goes with it
No Parliament can bind itself, its successors or be bound by its predecessors
Vauxhall Estates v Liverpool Corporation
^ one act impliedly repealed over act.
^ EVEN THO it was argued the earlier act was entrenched.
what bodies is parliament made up of
monarch
House of commons
House of Lords
who sits in the House of Commons
650 elected MPs
who sits in the House of Lords
hereditary peers
how do judges check that a act is legitimate
they check for the enacting formula
what is express repeal
when an act of parliament contains a clause which states an earlier act is repealed- the earlier act becomes repealed.
what is implied repeal
two acts of parliament contain info which is inconsistent with each other - the later act is assumed to repeal the earlier.
what sentiment was expressed in Godden v Hales
Herbet - “If an Act of Parliament had a clause in it that it should never be repealed, yet …. the same power that made it, may repeal it.”
if parliament knows they can not make an act which can not be repealed - why would they attempt to?
1) they dont try to ! they know this doesnt work.
2) political reasons. a clause suggesting no repeals may be so a parliament is reluctant to repeal.
can parliament entrench legislation
no.
A.V Dicey - parliament cant remain sovereign and also be bound by previous legislation
what is entrenched legislation
legislation which can not be altered or repealed // legislation which can only be altered by special procedure
What is rule 4 of parliamentary sovereignty and what case goes with it
There is no limit in time or space to the legislative competence of Parliament
^ this also means parliament can pass retrospective law.
Sexual Offences Act 2003 Section 72
Burmah Oil v Lord Advocate
what is an example of parliament passing law which affects any space
Sir Ivor Jennings - parliament can legislate for all persons and places.
echoed in Sexual Offences Act 2003 Section 72.
^ this aimed to stop sex tourism - if committed offence in other country it would be the same as committing it here.
what is an example of parliament passing law which affects any time
Burmah Oil v Lord Advocate
^ applied War Damages Act 1965 retrospectively.
what is manner and form theory
theory by Heuston
1) Sovereignty is a legal concept - its functions are based on established rules
2) there’s rule distinctions (a) composition, (b) procedure and (c) authority of the legislature
3) courts can question validity of an Act of Parliament on (a) and (b) but NOT (c)
4) this is exercisable before Royal Assent (induction), or after Royal Assent (declaratory judgement)
what does Heuston argue in manner and form theory?
that parliaments legislative sovereignty COULD be limited.
this isAR bc some laws need special procedure.
heuston argues if special procedure is needed and isn’t followed - courts can find act invalid.
how does The Enrolled Bill Rule disagree with manner and form theory
courts only look for the enrolled bill rule - to make sure the legislation is actually an act.
otherwise they do not look for if procedure has been followed.
^ Lord Champell echoed in Edinburgh and Dalkeith Railway Co. v Wauchope - proves courts do not look at procedure
is there any evidence of the manner and form theory in action?
Human Rights Act 1998
^ statement of compatibility - minister in charge of the bill has to make a written statement saying bill is compatible with convention rights.
this is a special procedure when passing legislation. could this be argued its more of a constitutional convention tho?
example of where manner and form was not followed
Harris v Minister of the Interior
^ because Separate Registration of Voters Act 1951 was seen as invalid bc it did not of follow procedure set out in the South Africa Act 1909.
