Parliamentary Sovereignty

Question 1

What is doctrine of parliamentary sovereignty?

Answer 1

• According to Dicey : parliament means the King. the HOL and the HOC
• These 3 bodies act as the “King in Parliament”

Question 2

What is the principle of Parliamentary Sovereignty

Answer 2

• 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

Question 3

What can Parliament do?

Answer 3

• 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

Question 4

What control do courts have over Act of Parliament? Case?

Answer 4

• Courts cannot review the validity of Acts of P : PICKIN v BRITISH RAILWAYS, involved allegation that P had been misled

Question 5

What is “enrolled bill Rule” ? Case?

Answer 5

• 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

Question 6

What is the source of parliamentary supremacy and where does it come from?

Answer 6

• 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.

Question 7

What is Entrenchment?

Answer 7

• Making legislation higher form of law

- Making it more difficult or impossible to amend or repeal

Question 8

Is Entrenchment possible in UK?

Answer 8

• No, if statute stated special procedure must be followed for the HRA 1998, later parliament could abolish this requirement

Question 9

What is implied repeal?

Answer 9

• in a contradiction between two statutes,the later statute takes precedence

Question 10

What is constitutional statute as described in Thoburn v Sunderland City Council

Answer 10

• A statute protected from implied repeal because of its importace

Question 11

What does Section 3 of the HRA 1998 say?

Case?

Answer 11

• Legislation must be read and given effect to be compatible w Human rights
• GHAIDAN v GHODIN MENDOZA property
• R v A. rape case

Question 12

Section 4 HRA 1998?

Case?

Answer 12

• Parliament is not required to change the law

- BELLINGER v BELLINGER

Question 13

What is disapplication approach to conflict between UK and EU?

Answer 13

• Court does not apply the UK statute but applies Eu law instead
• Court does not strike down the UK statute, ignores it

Question 14

Implications of Factortame decision for PS?

Answer 14

• Demonstrates that EU law is supreme over UK law

Question 15

What is effect of the Parliament Act 1949?

Answer 15

• Reduced time limit to 1 year

Question 16

Section 1 Powers Of HOL as to money Bills?

Answer 16

• If a money bill is not passed by HOL without amendment within 1 month, bill shall be presented to His Majesty and become an Act of Parliament on Royal Assent

Question 17

Section 2 Restriction of powers of HOL as to bills?

Answer 17

• If any Public Bill is passed by the HOC is rejected by the HOL, it shall be presented to His Majesty and become Act of Parliament

Question 18

Bills passed under Parliament Act 1911?

Answer 18

• Was used 3 times
  1. Government of Ireland Act 1914
  2. Welsh Church 1914
  3. Parliament Act 1949

Question 19

Bills passed under Parliament Act 1949?

Answer 19

• Used 4 times
• War Crimes Act 1991
• European Parliamentary Elections Act 1999
• Sexual offences Act 2000
• Hunting Act 2004

Question 20

Basis of challenge to Hunting Act 2004?

Answer 20

• Claimants argued that major legislation could not be passed using modified procedures
• Not successful