Parliamentary sovereignty Flashcards
What is the origin of parliamentary sovereignty?
The Bill of Rights (1689)
When is Parliament considered sovereign according to case law?
As established in Bowles v Bank of England (1913), a resolution is not sufficient, only an Act of Parliament
What did the Case of Proclamations (1611) establish about royal power?
The king cannot change any law or create any offence by proclamation without parliament’s authority - the king has no prerogative beyond what the law permits.
What restraint on parliamentary sovereignty was tested in British Railways v Pickin?
Whether courts could challenge an Act of Parliament on the basis that Parliament was misled during its passing. The court ruled they could not.
What did Miller No.1 establish about triggering Article 50 for Brexit?
The government could not use prerogative powers to notify withdrawal from the EU without Parliament’s authorization, as this would affect rights established in domestic law.
What aspect of parliamentary sovereignty allows Parliament to change the constitution?
Parliament alone can change the constitution through ordinary legislation, without special procedures required in other constitutional systems.
How did Parliament change the royal succession in 1936?
Through His Majesty’s Declaration of Abdication Act 1936, which moved succession from Edward VIII to his brother George VI.
What key change did the Parliament Acts of 1911-1949 make to the legislative process?
They limited the House of Lords’ power by preventing them from vetoing Commons bills indefinitely and removing their veto over financial legislation.
Can Parliament legislate retrospectively? Give an example.
Yes. The War Damage Act 1965 retrospectively removed compensation rights established by the Burmah Oil case for wartime property damage.
What does it mean that Parliament can provide indemnities for illegal conduct?
Parliament can pass legislation to protect individuals from liability for previously unlawful actions, particularly regarding conduct during wartime.
How did Mortensen v Peters (1906) demonstrate Parliament’s relationship to international law?
The court upheld prosecution under the Herring Fishery Act even though it extended to international waters, showing Parliament is unconstrained by international law.
What did Cheney v Conn establish about international law limits on Parliament?
Parliament’s domestic legislation (income tax funding nuclear weapons) took priority over international conventions (Geneva Convention).
Can a referendum legally bind Parliament?
No. Referendums typically place political obligations on government rather than legal obligations on Parliament, preserving parliamentary sovereignty.
Who can authorize a legally binding referendum in the UK?
Only the Westminster Parliament has authority to authorize a legally binding referendum.
How did the European Communities Act 1972 affect parliamentary sovereignty?
Section 2(1) gave EU law direct effect in the UK and required UK law to be interpreted in accordance with EU law, creating a limitation on sovereignty while the UK was a member.
What principle was established in Factortame regarding the relationship between UK and EU law?
UK courts could disapply Acts of Parliament incompatible with EU law while the UK was an EU member, creating a practical limitation on parliamentary sovereignty.
How did McCaffrey v Smith characterize the relationship between EU and British law?
EU law is not part of British law but takes priority unless Parliament expressly repeals it in the future - EU law could only assume the status that Parliament grants it.
