Parliamentary Sovereingty Flashcards
Dicey’s Definititon of PS
‘Parliament has the right to make and unmake any law whatsoever’ and ‘that person or body is recognised by the law of England as having a right to override or set aside the legisltation of parliament’
What type of authroity does parliament have
Full legal legislative authority
They are however, bound by the constraints of politics, democracy and morality
Where does PS lie in terms of the consitution
As it is uncondified, PS lies as the centrepoint of the constitution
Helps us understand the nature of the consitution
Jennings on PS and the consitution
‘The supremacy of parliament is the consitution’
P can change C to make it however they want
Doctrine of PS can be said to be virtuous
Ensures the contituional primacy of democratic decision making as the HoC is directly elected by the people and overrules the HoL
When isnt PS
When challeneged by Eu membership, referendums, devolution, HRA and Commnon law rights
Parliament has the legal authority to do whatever they want - ridiculous case
‘Requiring all blue eye babies’ be put to death - see Stephen
UK courts cannot strike down an act of parliament - case
Edinburgh Railway Co v Wauchope
Courts reject the possibility
The nature of the rule of PS
The legally unlimited legislative power
Based on History of parliament taking power over the crown
Not a rule created y judicial decisions, but a legal and political reality recognised in case law
Fundamental case on having to recognise AoP and not scrutinise it.
British Railway Board v Pickin
Courts have to recognise and apply AoP and cannot DIRECLTY scrutinise it.
Lord Denning on appeal - Courts role is to supervise to make sure procedure in parliament is not abused
