Parliamentary Soverignty

Question 1

What is sovereignty?

Answer 1

Dicey: “a body which can make or unmake every law and which therefore cannot be bound by any law”

Question 2

Difference between UK and US in terms of sovereignty?

Answer 2

US Courts can strike down legislation if it contravenes the constitution, UK courts cannot as parliament is highest form of authority

Question 3

What is parliament?

Answer 3

“The queen, the House of Lords and the House of Commons” - Dicey

HoL no longer benefits from parliamentary sovereignty

Question 4

What is the role of the electors?

Answer 4

“The electors can I’m the long run always enforce their will”

Dicey says that the people possess the true political power

Question 5

Legal definition of PS

Answer 5

The queen in parliament

To legislate

Subject to no legal limitations

Without the courts having any power to review the validity of an Act of parliament

Question 6

Diceys 3 Rules of Parliamentary sovereignty

Answer 6

1. ) Parliament can make/unmake any law
2. ) no Parliament can bind a future parliament
3. ) no other body can challenge the validity of an act of Parliament

Question 7

Rule 1

Answer 7

Indemnity act 1717

Parliament Act 1911

Question 8

Rule 2

Answer 8

No entrenchment

Implied repeal: e.g

• Vauxhall Estate v Liverpool Corp
• Housing Act 1925 v Acquisition of land act 1919 (Most recent act won)

Question 9

Rule 3

Answer 9

Pickin v British railways board

Question 10

Limits accepted by Dicey

Answer 10

External Limits: Electors

Internal limits: self restraint