Rule 2- Parliament Can Make Any Law Flashcards
Parliament Can Make Any Law
parliament has the ability to make constitutional changes without the need for special amendment procedures
act of settlement 1701
regulates succession to the crown e.g. no catholics
septennial act 1715
increased the maximum length of a parliament (and hence the maximum period between general elections) from three years to seven, repealed by fixed-term parliaments act 2011 (general election occur at 5 year intervals)
parliament act 1911 and 1949
removed thehouse of lords’ power of veto over legislation. the lords at most could delay a bill for two years (1911). the 1949 act reduced the delay period to one year
constitutional reform act 2005
introduced supreme court (replacing HL) and changes to the office of lord chancellor
parliamentary voting system and constituencies act 2011
provides for a referendum on voting system
succession to the crown act 2013
(an act to make succession to the crown not depend on gender and to make provision about royal marriages)
his majesty’s declaration of abdication act 1936
the monarch could not act without parliament’s agreement also allowed edward 8th to pass succession of the throne to his brother because edward wanted to marry his lover Wallis Simpson and this was opposed by the government and dominions
parliament can change other fundamental constitutional principles, including extending its own life-time, or changing legislative procedures (2 statutes):
- septennial act 1715
- parliament acts 1911 and 1949
Legislative Omnicompetence - What Does This Mean?
basically, having powers to legislate on all matters
Burmah Oil v Lord Advocate (3)
parliament may pass legislation overriding the common law
government were ordered to pay damages for damage caused during ww2, parliament then passed an act (war damages act) retrospectively exempting them for paying damages that occurred legally during war
also highlights that issue that judges are ultimately limited by parliament supremacy
Parliament may legislate with retrospective effect
- war damage act 1965 - exempted the crown from liability for damage done during ww2
Parliament May Grant Independence to Dependent Territories (example statues)
- british north america act 1867- comprises a major part of the constitution of canada. the act entails the original creation of a federal dominion and sets the framework for much of the operation of the government of canada, including its federal structure, the house of commons, the senate, the justice system, and the taxation system
- zimbabwe independence act 1979 - gave internationally recognised independence
Legal Validity of Statute Can be Overridden by Political Fact
in 1965 parliament attempted to gain control over southern rhodesia, passing the southern rhodesia act. this invalidated any legislation passed in the country
Madzimbamuto v Lardner-Burke
- parliaments competence to pass such an act confirmed, BUT practical effectiveness of act was limited in that it could not be enforced. parliament may have had legal power but the southern rhodesian government held the de facto power
- also the breach of convention does equal breach of law