Parliamentary Sovereignty

Question 1

What are AV Dicey’s two components of Parliamentary Sovereignty?

Answer 1

Parliament can make or unmake any law whatsoever

No body or person can set aside legislation of Parliament

Question 2

In R (Jackson) v Attorney General what was the ruling?

Answer 2

Parliament has the right to unmake or make whatever act that it wants, however in some circumstances this may not be upheld

Question 3

Parliament may override constitutional conventions. Which case?

Answer 3

Madzimabuto v Lardner-Burke

Question 4

Statute may override international law. Which case?

Answer 4

Cheney v Conn

Question 5

Statute may abolish the Royal Perogative

Answer 5

Crown Proceedings Act 1946

Fixed Term Parliaments Act 2011

Question 6

Statute may operate retrospectively

Answer 6

Burmah Oil v Lord Advocate

Question 7

What is the European legislation that was “strongly” interpreted into UK legislation?

Answer 7

European Communities (EC) Act 1972

Question 8

What is Dicey’s definition of Parliamentary Sovereignty?

Answer 8

1. No

Question 9

What does Professor Vernon Bogdanor say about Parliamentary Sovereignty and the rule of law?

Answer 9

That there is “a clear conflict between these two principles that may lead to a constitutional crisis”

Question 10

What is the doctrine of express repeal?

Answer 10

This doctrine dictates that if Parliament repeals an earlier act then it is no longer valid

Question 11

What is the doctrine of implied repeal?

Answer 11

The doctrine of implied repeal dictates that if Parliament enacts legislation incompatable with previous legislation, then the new legislation impliedly repeals the old

Question 12

What are three domestic liimiations on Parliamentary Sovereignty?

Answer 12

1. There is a suggestion that Parliament was “born unfree” with relation to Scotland. This is untested but supported by Obiter in McCormick v Lord Advocate. If it did hold, the exception would be limited
2. There are limits to the doctribe of implied repeal, which according to LJ Laws in Thoburn v Sunderland CC does not apply to constitutional statutes.

Question 13

What is the manner and form debate?

Answer 13

It is debated whether Parliament is able to make it more difficult for future parliaments to legislate, as the Parliament Acts 1911 and 1949 make it easier

Question 14

What is the evidence in favour of the manner and form argument?

Answer 14

1. There were obiter comments made by LJ Slade in Manuel to suggest that courts would accept the manner and form requirements
2. There are commonwealth authorities for the manner and form argument (A-G for New South Wales v Threthowen)

Question 15

What are the points against the Manner and Form Argument?

Answer 15

1. The commonwealth authorities are merely persuasive
2. In Edinburgh & Dalkeith Railway v Wauchop the enroled act rule was reaffirmed
3. In Pickin v British Railways the House of Lords refused to consider the validity of an Act of Parliament, however formed.

Question 16

What are the European limitations to Parliamentary Sovereignty?

Answer 16

The ECA 1972 is incorporated in a “strong way”. It sates that all UK legislation, whenever passed, is to be construed and have effect subject to EU law.

Question 17

In which case was it decided that a court would go outside the meaning of an act to comply with ECA 1972?

Answer 17

Lister v Forth Dry Dock

Question 18

A latter act cannot impliedly repeal EU legislation

Answer 18

Factortame Case

Question 19

What is AV Dicey’s two stage definition of Parliamentary Sovereignty?

Question 20

Where does Parliamentary sovereignty come from?

Answer 20

The 17th Century struggle between the Crown and Parliament for sovereignty, culminating in the 1689 Bill of Rights

Question 21

In what cases is the “enrolled act rule” mentioned?

Answer 21

Pickin v British Railways Board

Question 22

What is the doctrine of express and implied repeal?

Question 23

What are the two limitations on the doctrine of implied repeal (as set out in Ellen Street Estates)?

Answer 23

1. Europe. In Factortame it was found that Parliament could not impliedly repeal the ECA 1972
2. In Thoburn v Sunderland CIty Council it was found that Parliament could not impliedly repeal constitutional statutes.

Question 24

What are the six factors that show limitations of Parliamentary Sovereignty?

Answer 24

1. Devolution
2. Rule of Law- Judgement in R(Jackson)
3. Enolled Act Rule
4. Europe
5. Scotland (McCormick v Lord Advocate)
6. Human Rights Act (Bellinger v Bellinger)

Question 25

What is a declaration of incompatibility?

Answer 25

A declaration by the courts that a section of legislation was not valid under the HRA

Bellinger v Bellinger- transexual woman’s marriage rights

Question 26

In which case is it ruled that Parliament may repeal the ECA 1972?

Answer 26

Garland v BREL

Question 27

What is the ruling in McCormick v Lord Advocate?