Parliamentary supremacy Flashcards
What is the idea of parliamentary supremacy ?
A principle that underpins democratic law-making. As well as the principle of the separation of powers which helps uphold the rule of law
What is the 3 part definition Dicey set out ?
Parliament can legislate on any matter
Parliament cannot bind its successor
No other body can overrule parliament
What are the limitations on parliamentary supremacy ?
Human rights act 1998
Devolution
EU law
Why does the Human rights act 1998 limit parliamentary supremacy ?
All acts of parliament must be compatible and approved by the ECHR
Why does Devolution limit parliamentary supremacy ?
The Scotland and Wales acts of 1998 set out the powers those countries have to address laws in their own countries. (parliament lost their supremacy in those areas)
How does EU law limit parliamentary supremacy ?
When the UK was part of the EU they were listed by EU law
