PS Cases Flashcards
Override constitutional conventions
Madzimbamuto v Lardner-Burke
- Statute overrode convention of not legislating for a former colony
- Parliament’s unlimited legislative competence
Alter/override Royal Prerogative
Fire Brigades Union
- AOP prevented prerogative being used
- Parliament’s unlimited legislative competence
Override international law
Cheney v Conn
- Tax statute prevailed over Geneva Convention
- Parliament’s unlimited legislative competence
Operate retrospectively
War Damage Act 1965
- crown not liable for previous war damage
- Parliament’s unlimited legislative competence
A later statute will impliedly repeal an earlier one where their content is inconsistent
Ellen Street Estates v Minister of Health
Limits to implied repeal which constrain Parliamentary Supremacy
Thoburn v Sunderland City Council
- ordinary statutes may be impliedly repealed, constitutional statutes may not
The rule of law will take precedence over Parliamentary Supremacy
Jackson
- Against the idea that proceedings and Acts of Parliament will not be invalidated
If legislating by a future Parliament can be made easier, it can also be made harder
Trethowan - entrenchment is possible
EU Act 2011 - before government can ratify treaty change, must hold referendum
- against PS, manner and form debates
PS has been qualified by devolution of power to Scotland
Scotland Act 2016
- against ps, domestic limitations
PS has been qualified by devolution of power to Wales
Government of Wales Act 1998
- against ps, domestic limitations
Westminster is likely to be bound by terms of the Acts of Union
MacCormick v Lord Advocate
- against PS, domestic limitations
Henry VIII powers in legal theory must give way to practical policies
Lord Denning in Blackburn v Attorney-General
- against PS, domestic limitations
Courts have been working long to read against the literal meaning of a UK statute
Pickstone v Freemans
Acts of Parliament shall be construed in order to comply with EU law
European limitations on Parliamentary Supremacy
Courts have been willing to add words into readings of a statute
Litser v Forth Dry Dock
Acts of Parliament shall be construed in order to comply with EU law
European limitations to PS
Where EU law and UK statute contravene each other, directly effective EU law will take precedence
Factortame
S.2(4) ECA 1972
European limitations on PS
National law will be disapplied even where the Act is a constitutional provision
Costa v Enel
S.2(4) ECA 1972
European limitations to PS
Doctrine of implied repeal is weakened by ECA and will not apply where post-1972 legislation contravenes the ECA
Factortame
European limitations on PS
Courts have been fully willing to implement ECHR even reading national legislation beyond literal meaning
Ghaidan v Godin-Mendoza
S.3 HRA
European limitations on PS
