Parliamentary Sovereignty Flashcards
What is doctrine of parliamentary sovereignty?
- According to Dicey : parliament means the King. the HOL and the HOC
- These 3 bodies act as the “King in Parliament”
What is the principle of Parliamentary Sovereignty
- 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
What can Parliament do?
- 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
What control do courts have over Act of Parliament? Case?
- Courts cannot review the validity of Acts of P : PICKIN v BRITISH RAILWAYS, involved allegation that P had been misled
What is “enrolled bill Rule” ? Case?
- 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
What is the source of parliamentary supremacy and where does it come from?
- 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.
What is Entrenchment?
- Making legislation higher form of law
- Making it more difficult or impossible to amend or repeal
Is Entrenchment possible in UK?
- No, if statute stated special procedure must be followed for the HRA 1998, later parliament could abolish this requirement
What is implied repeal?
- in a contradiction between two statutes,the later statute takes precedence
What is constitutional statute as described in Thoburn v Sunderland City Council
- A statute protected from implied repeal because of its importace
What does Section 3 of the HRA 1998 say?
Case?
- Legislation must be read and given effect to be compatible w Human rights
- GHAIDAN v GHODIN MENDOZA property
- R v A. rape case
Section 4 HRA 1998?
Case?
- Parliament is not required to change the law
- BELLINGER v BELLINGER
What is disapplication approach to conflict between UK and EU?
- Court does not apply the UK statute but applies Eu law instead
- Court does not strike down the UK statute, ignores it
Implications of Factortame decision for PS?
- Demonstrates that EU law is supreme over UK law
What is effect of the Parliament Act 1949?
- Reduced time limit to 1 year
Section 1 Powers Of HOL as to money Bills?
- 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
Section 2 Restriction of powers of HOL as to bills?
- 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
Bills passed under Parliament Act 1911?
- Was used 3 times
1. Government of Ireland Act 1914
2. Welsh Church 1914
3. Parliament Act 1949
Bills passed under Parliament Act 1949?
- Used 4 times
- War Crimes Act 1991
- European Parliamentary Elections Act 1999
- Sexual offences Act 2000
- Hunting Act 2004
Basis of challenge to Hunting Act 2004?
- Claimants argued that major legislation could not be passed using modified procedures
- Not successful
