parliamentary supremacy

Question 1

sovereignty v supremacy

Answer 1

sovereignty- independece of parliament (e.g parliamentary privilege)
supremacy- acts of parliament being supreme over all other law

Question 2

examples of parliamentary sovereignty/supremacy

Answer 2

-parliament can change how laws are made
(parliament act 1911 removed HOL right to veto,
parliament act 1949 reduced time of HOL to delay bills)
-can legislate retrospectively
(war damages act 1965 one one entitled to compensation before of after the passong of the act)
-can disapply human rights act
(sc 3 the Rowanda act disapplys sections of HRA)
-acts can prevent judicial review of certain things
(judicial review and courts act 2022- the courts can not review the actions of another court)

Question 3

the reason for parliamentary sovereignty

Answer 3

-independent so has exclusove cognisance (freedom to regulate itself)
e.g bill of rights 1688- freedom of speech in parliament
-represents the people constitutionally
e.g bill of rights parliaments ‘fully and freely represents the estates of the people’
-blackstones book 1- king is a fountain of justice (the power)
and the courts represents the people, so when they come together nothing is superior)

Question 4

courts adherence with parliamentary supremacy

Answer 4

-implied repeal (one act contradicts a previous, later act prevails) parliament not bound by predecessors
Ellen street estates v MOH 1934
-the enrolled bile- courts will not enquires into whether an act of parliament followed correct procedure (british railays board v pickin 1974 despite claims of misleading the courts would not investigate the act)
-the courts accept and not question an act of parliament (R v Jordan 1967, claim for infrindges right to free speech, courts would not look into it)

Question 5

can the courts challenge an act of parliament?

Answer 5

no but
-court decided they have powers to declare prerogative acts inlawful (decided in GCHQ case)
-courts decided they have the power to refer to hansard in order to undertsand parliaments intention (pepper v hart 1993)

constitutions that allow courts to review the lawfulness of legislation:
ireland, france, germany, USA…