Parliamentary Sovereignty Flashcards
How does Dicey define parliamentary sovereignty?
The right to make or unmake any law whatsoever - no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament
What are three key features of parliamentary sovereignty?
Parliament is the supreme law making body
No parliament may be bound by a predecessor or bind a successor
No person or body may question the validity of an Act of Parliament
When is an Act repealed by implication?
If a new Act is partially or wholly inconsistent with a previous Act - previous act will be repealed to the extent of the inconsistency
this will only be implied when the two statutes are irreconciliable
Can courts correct procedural errors with Acts of Parliament?
No - enrolled bill rule - you cannot ‘go behind the bill’ once it has been passedC
Can Parliament bind itself in manner and form?
This is the subject of academic debate - recently considered that Parliament is able to redefine itself upwards e.g. require a particular parliamentary majority
What is the direction of travel in terms of parliamentary sovereignty?
Slowly being qualified in various small ways
What kind of state is the UK?
A dualist state
What was the significance of the ECA 1972?
It gave effect to EU law within the UK
What is the most significant principle which emerged from ECJ jurisprudence?
Primacy of EU law
Why was the Factortame case so important?
Court disapplied domestic law to the extent that is conflicted with the higher force of EU law - established that courts could now suspend an Act of Parliament where they were required to do so by EU law
What new categories did Laws LJ create when commenting obiter in Thoburn?
Two types of act of Parliament; ordinary statutes and constitutional statutes
What does S2 HRA say? How has this developed?
When considering a convention right, any court must consider jurisprudence of ECHR insofar as it is relevant to the proceedings at hand.
Initial approach: courts took this as a very firm direction
Recent years - courts have been keener on a dialogue between UK courts and ECHR
What does S3 HRA say?
Primary and secondary legislation must be read and given effect in a way which is compatible with convention rights
Under what conditions can Lord Steyn consider that legislation can be interpreted along the lines of ECHR?
The interpretation must not go against the grain of the underlying policy and scheme of the original legislation
What does S4 HRA say?
If UK law is incompatible with a Convention right - might make a declaration of incompatibility
