Parliamentary supremacy Flashcards
Definition
Parliament is the supreme law-making body and may enact or repeal laws on any subject. No parliament may be bound by a predecessor or bind a successor. No other person or body may question the validity of an Act of parliament or declare the act to be unlawful
The unlimited legislative competence of parliament
Statute may override international law. Statute may override constitutional conventions. Statute may alter the constitution. Statute may abolish or curtail aspects of the royal prerogative
Express and implied repeal of statute
The aspect that no parliament may be bound by a predecessor or bind a successor is given effect through the doctrine of express and implied repeal. If a later Parliament expressly repeals the contents of an act made by an earlier parliament that earlier act will no longer be valid. If a later parliament passes an act that contradicts the contents of an act made by an earlier parliament but which does not expressly repeal it doctrine of implied repeal will apply
Express and implied repeal of statute - Constitutional statutes
Constitutional statutes cannot be impliedly repealed. However they can be repealed by express words or words so specific that they make parliament’s intention to repeal very clear. Constitutional statute = a statute which regulates state institutions e.g mayoral elections and HRA
Limitations on the supremacy of parliament - Domestic limitations - The acts of union
Parliament was born unfree as it is limited by the terms of these acts and cannot legislate as to override their provisions
Limitations on the supremacy of parliament - Domestic limitations - Devolution
Scotland act - Scottish parliament oversee health, education and legal affairs, the Scottish parliament cannot be abolished unless the people of Scotland vote for this in a referendum. Same for Wales and Northern Ireland
Limitations on the supremacy of parliament - Domestic limitations - Henry VIII powers
Allowing the use of such powers on a regular basis risks the consequence of damaging the sovereignty of parliament. These powers enable the substance of large bills to be processed by parliament while leaving the details to the executive
Limitations on the supremacy of parliament - European limitations - Membership of the EU
Large parts of English law are influenced by EU law.
Limitations on the supremacy of parliament - European limitations - Principle of the supremacy of EU law
If there was a conflict between EU law and the law of a member state EU law would prevail.
Limitations on the supremacy of parliament - European limitations - Retained EU law
EU law that was in force in the UK immediately before the end of the transition period and that law will stay in force
MP immunity
MPs are immune from civil and criminal proceedings regarding anything they say in parliamentary proceedings - absolute privilege. However, parliamentary supremacy will only prevent civil arrest whilst parliament is in session not criminal arrest.
Salisbury convention
Requires the HoL to allow the gov. to pass legislation which is based on promises made to the electorate in an election
Sewel convention
Sewel convention remains legally unenforceable even though it has been codified in statute - parliamentary privilege allows them to override conventions
HRA
HRA preserved parliamentary sovereignty as it permits the gov. to proceed with a bill that breaches convention rights subject to the minister responsible for the bill making a statement on the proposed legislation’s compatibility with convention rights.
Declaration of incompatibility
Does not affect the validity of the incompatible act - does not affect operation of the act
