Parlimentary Supremacy Flashcards
Statute may override international law
Cheney v Conn
Statute may operate retrospectively
Burma Oil v Lord Advocate
Statute may override royal prerogative
Crown Proceedings Act 1947
Doctrine of implied repeal
Ellen Street Estates v Minster of Health
No implied repeal of constitutional statutes
Laws LJ in Thorburn v City of Sunderland
Restricting UKHL veto power
Parliament Acts 1911/49
“Any enactment passed or to be passed shall be construed and have effect subject to directly effective EU law”
S.2(4) ECA 1972
Obiter that Westminster Parliament bound by the terms of the act of union
McCormick v Lord Advocate
Only express provision could challenge an act with a fundamental constitutional nature
HS2 Action v SoS for Transport 2014 UKSC
PC Held that repeal was invalid because a statutorily required referendum wasn’t held
A-G v Trethowan
But parliament of New South Wales subordinated legislature created by the Colonial Laws Validity Act
Directly applicable and effective EU law only given effect by the statute
EU Act 2011
Prisoner ban declaration of incompatibility that didn’t result in any amendment
Hurst v UK
Smith v Scott
Regulations interpreted contrary to literal meaning in order to achieve a result compatible with EU law
Lister v Forth Dry Dock
Statute may override conventions
Madzinbamuto v Lardner-Burke
Ranks constitutional statutes in a hierarchy
Laws LJ in R (HS2 Action Alliance) v SoS for Transport
