Parliamentary Sovereignty Flashcards
1
Q
What is doctrine of parliamentary sovereignty?
A
- According to Dicey : parliament means the King. the HOL and the HOC
- These 3 bodies act as the “King in Parliament”
2
Q
What is the principle of Parliamentary Sovereignty
A
- Means the right to make or unmake any law whatever
- No person or body is recognise by the law of England
- As having a right to override or set aside legislation of Parliament
3
Q
What can Parliament do?
A
- Can reverse judicial decisions e.g. War Damage 1965
- Legislation made by P cannot be undermined by the monarch
- Minister must use his powers to accomplish objectives of statute
- P can legislate extra territorially and retrospectively e.g. War Crimes Act 1991
- P can legislate in violation of its international treaties and agreement
4
Q
What control do courts have over Act of Parliament? Case?
A
- Courts cannot review the validity of Acts of P : PICKIN v BRITISH RAILWAYS, involved allegation that P had been misled
5
Q
What is “enrolled bill Rule” ? Case?
A
- The HOL decided one legislation had been passed it could not be reviewed
- EDINBURGH & DALKEITH RAILWAY v WAUCHOPE: allegation proper procedures not been followed in parliament
6
Q
What is the source of parliamentary supremacy and where does it come from?
A
- JACKSON v ATTORNEY GENERAL: Lord Steyn suggests source is common Law i.e. judge made law
- Lord Bingham suggests it’s a political fact, not judge made.
7
Q
What is Entrenchment?
A
- Making legislation higher form of law
- Making it more difficult or impossible to amend or repeal
8
Q
Is Entrenchment possible in UK?
A
- No, if statute stated special procedure must be followed for the HRA 1998, later parliament could abolish this requirement
9
Q
What is implied repeal?
A
- in a contradiction between two statutes,the later statute takes precedence
10
Q
What is constitutional statute as described in Thoburn v Sunderland City Council
A
- A statute protected from implied repeal because of its importace
11
Q
What does Section 3 of the HRA 1998 say?
Case?
A
- Legislation must be read and given effect to be compatible w Human rights
- GHAIDAN v GHODIN MENDOZA property
- R v A. rape case
12
Q
Section 4 HRA 1998?
Case?
A
- Parliament is not required to change the law
- BELLINGER v BELLINGER
13
Q
What is disapplication approach to conflict between UK and EU?
A
- Court does not apply the UK statute but applies Eu law instead
- Court does not strike down the UK statute, ignores it
14
Q
Implications of Factortame decision for PS?
A
- Demonstrates that EU law is supreme over UK law
15
Q
What is effect of the Parliament Act 1949?
A
- Reduced time limit to 1 year
