Parliamentary Sovereignty Flashcards
What is A.V. Dicey’s orthodox view of parliamentary sovereignty?
Parliament is the supreme legal authority, able to make or repeal any law, unrestricted by a written constitution or judicial review
What are the three components of Dicey’s parliamentary sovereignty?
1) Positive Limb – Parliament can make any law on any subject
2) Negative Limb – No other body can override Parliament’s legislation
3) Continuing Sovereignty – No Parliament can bind future Parliaments
What are the 3 key features of parliamentary sovereignty?
- Unlimited legislative power – Parliament can make any law
- No entrenchment – No Parliament can bind a future Parliament
- No higher authority – Courts cannot overrule Acts of Parliament
What principle was upheld in Madzimbamuto v Lardner-Burke (1969)?
Courts cannot question the validity of UK legislation, even if politically controversial
What is the doctrine of implied repeal?
A later Act automatically repeals an earlier one if they are inconsistent, even without explicit wording
What is the self-embracing view of parliamentary sovereignty?
Parliament can impose procedural restrictions (manner and form requirements) on future legislation
What do the Parliament Acts 1911 and 1949 demonstrate?
Parliament can limit its own legislative procedures, reducing the Lords’ power over legislation
How does Jackson v Attorney General (2005) challenge Dicey’s view?
Suggested that Parliament can bind itself procedurally (manner and form), supporting the self-embracing theory of sovereignty
What is the difference between legal and political sovereignty?
Legal sovereignty: Parliament’s unrestricted power to legislate
Political sovereignty: Practical limitations from public opinion and political constraints
How does the Rule of Law challenge parliamentary sovereignty?
Some argue that the rule of law should limit Parliament’s power, ensuring laws respect justice and fairness
How does EU membership (before Brexit) challenge parliamentary sovereignty?
The European Communities Act 1972 required UK law to conform to EU law, limiting Parliament’s legislative freedom
What case demonstrated EU law’s supremacy over UK law?
Factortame (1991) – The House of Lords ruled that UK law must be disapplied if it conflicts with EU law
What is the principle of legality in common law?
Courts presume Parliament does not intend to override fundamental rights unless stated explicitly
What did Thoburn v Sunderland City Council (2003) establish?
The concept of constitutional statutes, which cannot be impliedly repealed
