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9 Cards in this Set
- Front
- Back
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Ultimately one body has to have control over the other bodies in order to prevent deadlock, what body is this ?
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The parliament
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why is the parliament able to override any organ of the state ?
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This is because it is democratically elected
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Parliamentary sovereignty means
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“more or less, namely that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatsoever; and further, that no person or body is recognized by the law of England as having a right to override or set aside the legislation of Parliament”
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what does blackstone say about parliamentary sovereignty ?
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The parliament doth what no man can undo
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what is dicey's first view on parliamentary sovereignty ?
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Parliament can make and unmake any law
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what is dicey's second view on parliamentary sovereignty ?
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Parliament cannot bind it's successors ; Each successive parliament can change the legislation passed by previous parliaments - This then brings about the doctrine of implied repeal which states that if an act of parliament in inconsistent with an earlier statute the later statute will be taken to repeal the first.
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what does Hon Lord Judge say about parliamentry sov in relation to the courts and EU ?
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) The consequence of the sovereignty of Parliament is that whether they like it or not, judges are bound to apply an Act of Parliament even where that Act provides for the application of judicial authority from a foreign court. This was the result of the European Communities Act 1972.
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what does Jack Beatson say about parliamentary sovereignty in relation to the EU
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it is stated that parliament position has been changed on January 1 1973 when United Kingdom became the member of European Union. Therefore it is clear that courts have observed that Sovereignty of Parliament has been limited
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what can you use to criticise Jack Beatson's thoughts on parliamentry sov ?
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Lord Hoffmann said in the case of R v Lyons [12] that “the sovereign legislator in the United Kingdom is parliament. If parliament has plainly laid down the law, it is the duty of the courts to apply it, whether that would involve the crown in breach of an international treaty or not”
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