Parliamentary Supremacy

Question 1

what is parliamentary supremacy?

Answer 1

Parliamentary supremacy with the separation of powers, supports democratic law-making and the rule of law.

Question 2

Dicey 3 part definition of parliamentary supremacy

Answer 2

• Parliament can legislate on any matter
• No Parliament can bind its successor
• No other body can overrule Parliament

Question 3

legislate on any matter

Answer 3

Parliament can legislate on any topic, but elected MPs usually prioritize laws for the country’s benefit eg. the Succession to the Crown Act 2013.
However, there’s debate on whether any topics should be off-limits, given Parliament’s ability to change its own powers, as seen in past reforms.

Question 4

cannot bind successor

Answer 4

New governments have the authority to alter past decisions, but certain laws, like the 1700 Act on succession, are too entrenched to change.

Question 5

cannot be overruled by others

Answer 5

Parliament’s exclusive power to amend laws, even when they’re flawed, upholds Parliamentary supremacy/sovereignty.

Question 6

British Railway Board v Pickin

Answer 6

facts: Pickin challenged his dismissal by the British Railway Board, claiming it violated fair procedures
held: court agreed with Pickin.
principle: administrative decisions must be fair and follow natural justice principles.

Question 7

parliamentary supremacy limitations

Answer 7

• The Human Rights Act 1998
• Devolution
• EU membership

Question 8

human rights act 1998

Answer 8

The HRA 1998 means all Acts of Parliament must be compatible with the ECHR, this challenges any Act that’s incompatible with human rights.

Question 9

H v Mental Health Review Tribunal (clash between English law and human rights Law)

Answer 9

facts: patient wanted release from mental health care, but Mental Health Act 1983 put the burden of proof on patient. However, human rights principles required the state to justify detention.
held: law incompatible with human rights.

Question 10

devolution

Answer 10

Devolution grants Scotland, Wales, and Northern Ireland the power to make their own laws, reducing Parliament’s supremacy in these regions, although Parliament can still repeal these laws if desired.

Question 11

EU membership

Answer 11

EU membership since 1973 limited Parliament’s supremacy as EU regulations took precedence over British law. vote to leave EU in 2016, finalised in 2020.

Question 12

Merchant Shipping Act 1998 and EU ruling

Answer 12

MSA 1998 regulates UK merchant shipping, but conflicts may arise with EU rulings on maritime matters.