Parliamentary Sovereignty Flashcards
Godden v Hales (1686)
If an Act of Parliament had a clause in it that it should never be repealed, yet without a question, the same power that made it may repeal it
If an Act of Parliament had a clause in it that it should never be repealed, yet without a question, the same power that made it may repeal it
Godden v Hales 1686
Costa v ENEL
Union law cannot be overridden by national law
Factortame
Domestic courts must set aside domestic legislation which contravenes EU law
Enrolled bill rule
Edinburgh and Dalkeith Railway Co v Wauchope (1842)
Edinburgh and Dalkeith Railway Co v Wauchope (1842)
Enrolled bill rule
Example of Parliament nullifying HoL’s decision
Burmah Oil Company (1965): Parliament passed War Damages Act 1965 to nullify it
Burmah Oil Company (1965): Parliament passed War Damages Act 1965 to nullify it
Burmah Oil Company (1965)
Parliament can pass legislation that breaches international law
Mortensen v Peters (1806)
Mortensen v Peters 1806
Parliament can pass legislation that breaches international law
Vauxhall Estates Limited v Liverpool Corporation (1932)
Housing Act 1925 impliedly repealed the earlier act of 1919 to the extent that it was inconsistent.
Housing Act 1925 impliedly repealed the earlier act of 1919 to the extent that it was inconsistent.
Vauxhall Estates Ltd v Liverpool Corporation (1932)
Enrolled bill rule
Edinburgh and Dalkeith Railway Co v Wauchope (1842)
Edinburgh and Dalkeith Railway Co v Wauchope (1842)
Enrolled bill rule
Example of Parliament nullifying HoL’s decision
Burmah Oil Company (1965): Parliament passed War Damages Act 1965 to nullify it
