Parliamentary supremacy (under law making) Flashcards
what is parliamentary supremacy
the idea that parliament should be the main law making body
who set out rules for parliamentary supremacy
A.V. Dicey
what 3 rules did A.V. Dicey set out
1) parliament should be able to legislate on any subject matter
2) no parliament can be binding on or be bound by its successors
3) no other body can override or set aside an Act of Parliament
in what case did the court hold that Theresa May had to apply to Parliament to trigger Article 50
Miller v Sec of State
3 limitations of parliamentary supremacy
1) EU membership
2) Human Rights Act 1998
3) devolution
when did uk join EU
1973
under was treaty does European community law take priority over conflicting laws in member states
Treaty of Rome
in what case was the Merchant Shipping Act passed to protect British Fishermen but ECJ held britain could not enforce act which contravened treaty of rome
Factortame
what does HRA 1998 state
all acts must be compatible with the European Convention on Human Rights
what does s4 HRA say
courts have the power to declare an act incompatible with the convention
in what case was the terrorism act 2001 declared incompatible with the human rights of terrorist suspects as they had a right to a fair trial before losing their liberty and what was the result
A & Others - new law made - Prevention of Terrorism Act 2005 - terrorist suspects cannot be detained for long proofs of time without trial
explain devolution
Scotland Act 1988 and Wales Act 1998 have devolved certain powers to the Scottish + Welsh parliaments - as a result can make laws in some matters for their own countries without parliament’s approval. therefore Parliamentary supremacy lost in these areas
an example of devolution
Scotland tuition fees can be set out by Scottish rather than Uk Parliament - this has produced 9 fees in Scotland compared to £9259 in England
