Parlimentary Supremacy Flashcards
The traditional view, Dicey assumptions
All acts of Parliament, whatever there purpose will be obeyed by the courts and no person or body can override an Act of Parliament
Wades argument to parliamentary supremacy
Wade states that this agreement is not a legal rule in any sense - Parliament did not legislate to afford itself authority. It is rather ‘the ultimate political fact upon which the whole system of legislation hangs’ H.W.R Wade ‘The Basis of Legal Sovereignty’ [1955] CLJ 172, 188.
The enrolled Bill rule
The courts are reluctant to challenge the validity and authority of an Act of Parliament
Doctrine of implied repeal
One key feature of the traditional approach to parliamentary supremacy is tue potential for any act to me amend or repealed by a later Act
Under the doctrine of implied repeal if two acts contradict each other the later act is implied to repeal the earlier act
Manner and form argument
Parliament has no limits on the subject matter that can be discussed. The manner and form that it legislates can be limited
Parliament acts 1911 and 1949
Under which special procedures can be applied, in specified circumstances, for passing acts of parliament without the consent of the House of Lords
Key provisions of the Parliament acts
Section 1: the ‘money bills’ (taxation and finance) approved by the House of Commons must so long as there is at least one month remaining before the end of the Parliamentary session, be approved without amendment within one month by the House of Lords
Section 2: non-money public bill has to:
conduct two parliamentary sessions.
House of Commons second reading > House of Commons approval> House of Lords rejection
Second parliamentary session:
House of commons approval> House of Lords rejection> Bill sent For Royal Assent
This process can take over a year
The Act of Union 1706
The union of Scotland and England ‘for ever after’
Contained provisions to bind the future Parliament
Parliamentary supremacy and the European Union
The European communities act 1972
The Human Rights Act 1998
Purpose is to enable UK courts to enforce rights created under the European convention on HR
