Public law Parliament Flashcards
What is parliamentary sovereignty and the key elements to it?
P has right to make or unmake any law whatsoever, and no person/body can override/set aside legislation of P
1. P is supreme law-making body
2. No P can be bound by a predecessor or bind a successor
3. No person/body can question validity of an enactment of P
What are some examples showing that there are no substantive restrictions on P?
P can legislate contrary to fundamental rights (consider legality principle)
P can legislate contrary to international law
P can pass legislation that has retrospective effect (even if undesirable to rule of law)
What are the 2 methods of repealing an Act?
Express: legislation passed that expressly states an intention that an earlier action be replaced (must be done for constitutional statutes)
Implied: new act is partially/wholly inconsistent with a previous one, of which is repealed to extent of inconsistency
What is the enrolled bill rule?
If a bill has been enrolled, it’s impossible to go behind it
What are some limitations to P’s power?
Devolved legislation
Practical politics
What is the legality principle?
P can enact laws which undermind human rights but must state its intention in crystal clear terms