Unit 3: The Parliament Flashcards
Life Peerage Act 1958
The Constitutional Role of Parliament - The composition - House of Lords
Parliament Act 1911
The Constitutional Role of Parliament - The relationship between House of Common & Lords - HOL cannot reject any financial bills already passed by the HOC and can only delay any non-financial bills for 2yrs.
Parliament Act 1949
The Constitutional Role of Parliament - The relationship between House of Common & Lords - shorten the period to delay any non-financial bills to 1yrs.
Cheney v Conn
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can override any international laws
Lardner-Burke
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can override any constitutional conventions
Burmah Oil Co
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can enact laws which have retrospective effect
Crown Proceeding Act 1947
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - immunity of civil litigation
Fixed-term Parliament Act 2011
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - power to dissolve the parliament
ECA 1972; R v Secretary of State for Exiting the European Union
The Supremacy of Parliament - The Dicey’s definition - can enact/repeal any laws it want - Can curtail any royal prerogatives - power to withdraw treaties without the consent of the parliament
Ellen Street Estates
The Supremacy of Parliament - The Dicey’s definition - cannot bind its successors/be bound by its predecessors - Implied repeal
Edinburgh & Dalkeith Railway Co
The Supremacy of Parliament - The Dicey’s definition - No bodies/personnel can question the validity of an Act of Parliament - The ‘enrolled’ rule
Act of Union 1706-07
The Limitations on the Supremacy of Parliament - Domestic - The Act of Union
Scotland Act 2016 / Wales Act 2017 / Northern Ireland Act 1998
The Limitations on the Supremacy of Parliament - Domestic - Devolution
Sunderland City Council
The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal
H v Lord Advocate / HS2 case
The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - examples
Jeffrey’s text
The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - Rule of law - can maintain the legitimacy… / ignores the distinct sphere of judiciary
‘Jackson’ case - Lord Hope
The Limitations on the Supremacy of Parliament - Domestic - Rule of law - “Parliamentary sovereignty is an empty principle…
Jackson’ case - Lord Steyn
The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - Rule of law - ‘diff hypothesis…
The Role Of Law - Lord Bingham
The Limitations on the Supremacy of Parliament - Domestic - ‘Manner & form’ debate - The judges only recognize the principle….
Sovereignty of Parliament - Prof. Goldsworthy
The Limitations on the Supremacy of Parliament - Domestic - Rule of law - ‘massive transfer of political power
Trethowan
The Limitations on the Supremacy of Parliament - Domestic - Limitation on Implied repeal - ‘Manner & form’ debate - Australian cases
Manuel
The Limitations on the Supremacy of Parliament - Domestic - ‘Manner & form’ debate - Slade LJ, in obiter, agreed the possibility…
Factortame / EUWA 2018/20
The Limitations on the Supremacy of Parliament - European limitation - The doctrine of supremacy of EU law/’retained EU law’
R v A
The Limitations on the Supremacy of Parliament - European limitation - Incorporation of ECHR - s3 - ‘strive to find a possible interpretation…’
