PS - Can parliament bind it's succesors Flashcards
Circular connundrum
P has unlimited power - so can limit themselves
If they limit themselves, then they no longer have unlimited power
Two contrasting opinions - No
Dicey - No - Doctrine of Implied repeal
Two contrasting opinions - Yes
Jennings - Yes - But only in certain ways
P can place procedural conditions on the manner and form of future legislation but no substantive limits
Result of YES
Result isnt legally binding - European Union Referendum act 2015 but in practice, its bindin
Was - European Union act an attempt to bind parliaments succesors
Diceyans - No - Doctrine of Implied repeal
Jennings - Yes - Manenr and Form theory
Doctrine of Implied repeal
If a new law is passed, it overrides or cancels the old one