Theory - PS

Question 1

Jackson 2005

Answer 1

Hunting Act 2004, P Act 1949 + 1911
Created new way to legislate
Steyn - obiter- point where judiciary might intervene

Question 2

Jennings

Answer 2

Political Limits

re-election; civil disobedience

Question 3

Elliott

Answer 3

Asymmetric Devolution

Europe

Question 4

Barendt

Answer 4

Source of PS

Statute can only acknowledge - source - common law

Question 5

Wade

Answer 5

Entrenchment

Cannot fetter P’s SoP - can enter in judicial oath

Question 6

Saunders

Answer 6

Entrenchment

Current S v Self Embracing S

Question 7

Knight

Answer 7

Future

Bi Polar Sov or Judicial Supremacy

Question 8

Br Railway v Pickin

Answer 8

Fraudulent procedure- no concern

Enrolled Bill Rule

Question 9

Ex P Simms

Answer 9

Prison Interview

P can legislate contrary to PS [delegated no]

Question 10

AXA v HM Advocate

Answer 10

Scottish P?

Courts cannot go against elected P

Question 11

MacCormick

Answer 11

Elisabeth II - political fact

Question 12

Thoburn v Sunderland CC

Answer 12

No repeal by implication - constitutional statute

Question 13

Ghaidan v Godin Mendoza

Answer 13

Same Sex - HRA - read in