Parliamentary Sovereignty

Question 1

What are Dicey’s two principles of parliamentary sovereignty?

Answer 1

1⃣ Parliament can make any law it likes

2⃣ No-one can override a parliamentary statute

Question 2

What is a constitutional statute? (Thoburn, Laws LJ)

Answer 2

a) conditions the legal relationship between citizen and state in some general manner
b) concerns fundamental constitutional rights

Question 3

Name two cases and one statute that condition the relationship between sovereignty and the EU

Answer 3

Costa v ENEL - EU law prevails where conflict is intentional
Factortame - UK statute may be disapplied in favour of EU law
Human Rights Act 1998

Question 4

Describe substantive challenges to parliamentary sovereignty.

Answer 4

• Abhorrent statutes - courts can’t challenge immorality of statutes (Dicey, Cheney v Conn)
• But abhorrent foreign laws are void (Oppenheimer v Cattermole)
• Natural law vs positivism

Question 5

Describe procedural challenges to parliamentary sovereignty.

Answer 5

• Procedural irregularity: if Parliament violates internal procedure, courts can’t strike statute down (Jackson)
• In written constitutions, Supreme Court can attack law (Ranasinghe)
• Courts cannot go beyond parliamentary roll (Wauchope, Lee)

Question 6

Parliamentary sovereignty is…

Answer 6

• The ultimate political fact (first written in Wade, 17th Century)
• A keystone of constitutional theory (Dicey)
• Quasi-legal

Question 7

Parliamentary sovereignty is not…

Answer 7

• Found in any statute
• A constitutional convention (no - enforceable judicially) (Madzimbamuto)
• A rule of the common law (judicial supremacy)

Question 8

Describe Hart’s theory in ‘The Concept of Law’

Answer 8

A legal system is made up of primary rules (duties) and secondary rules. These are implemented by the Rule of Recognition (a system of peer recognition).

Question 9

What The Queen…

Answer 9

Enacts In Parliament Is Law.

Question 10

BRADLEY - ‘There are no legal…’

Answer 10

‘Limitations on the legislative competence of Parliament’

Question 11

What is Allan’s theory of parliamentary sovereignty?

Answer 11

Ultra vires may exist where parliament is not sovereign - parliament can only make decision-making powers in view of constitutional theories such as fairness