Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
39 Cards in this Set
- Front
- Back
- 3rd side (hint)
Dicey's First Principle of Parliamentary Supremacy |
Parliament is the supreme law making body. - ex p Simms - Montensen v Peters - Burmah Oil Co v Lord Advocate - Madzimbamuto v LardnerBurke |
|
|
Madzimbamuto v Lardner-Burke |
Parliament can do things even if they are morally or politically unconstitutional. No courts can hold the Act of Parliament invalid. |
|
|
Ex p Simms |
Parliament can limit fundamental rights. COMPARE: R v Jordan |
|
|
Montensen v Peters |
No geographical limits. |
|
|
Burma Oil Co v Lord Advocate |
Retrospective legislation allowed. Parliament can nullify judicial decision. |
|
|
Dicey's Second Principle of Parliamentary Supremacy |
No Parliament may be bound by a previous Parliament or may bind a successor - AG for NSW v Thretowan |
|
|
AG of NSW v Thretowan |
Australian parliament could bind itself as to the manner of future parliament because it is subordinate parliament. But Westminster Parliament cannot because it is a sovereign parliament. |
|
|
Dicey's Third Principle of Parliamentary Supremacy |
No one can challenge the validity of an act of Parliament - ex p Cannon Selwyn - Chenney v Conn - R v Jordan |
|
|
EDR v Wauchope |
No judicial review of the manner in which legislation has been passed. |
|
|
Pickin v BRB |
Once a bill is on the statute book, it cannot be challenged by anyone. "Enrolled Bill Rule" |
|
|
Jackson v AG |
There is nothing that prohibits the Parliament from altering its own constitution. |
|
|
ex p Cannon Selwyn |
Statute can alter constitution. |
|
|
Cheney v Conn |
Statutes overrides international law COMPARE: with Costa v ENEL |
|
|
R v Jordan |
Statute can limit fundamental rights but it must be clear of its intention to do so. Compare: ex p Simms NOTE: this pre-dates HRA 1998 |
|
|
Professor Craig shared Professor Allan's belief |
Parliamentary sovereignty was a construct of the common law and that "it was not beyond peradventure" that the courts would disapply a statutory provision which violates fundamental rights. |
Parliamentary sovereignty |
|
Lord Bingham in Jackson v AG |
"The bedrock of the British constitution is and was, the supremacy of the Crown in Parliament". |
|
|
Stockdale v Hansard |
To valid, a statute must be passed by both houses of Parliament and receive royal assentThis was changed with the Parliament Act 1911 |
|
|
Parliament Act 1911 and 1949 |
The Parliament Act 1911 removed the House of Lords' power of absolute veto over legislation. The Lords at most could delay a Bill for two years. The Parliament Act of 1949 reduced the delay period to one year. |
|
|
Professor Bradley |
"Dicey's Law made the phrase 'the sovereignty of Parliament', but a more exact term is 'legislative supremacy', so it enables the supremacy of EU law to be balanced against the supremacy of national law." |
Definition of Parliamentary Sovereignty |
|
ECA 1972 |
The European Communities Act was the instrument whereby the UK was able to join the European Union. |
|
|
S.2 (4) ECA 1972 |
It also provides, in section 2(4), that all UK's legislation including Acts of Parliament have effect "subject to" directly applicable EU law. |
|
|
Costa v ENEL |
Confirmed the supremacy of EU law above and over the UK domestic law. COMPARE: with Cheney v Conn and ex p Factortame |
EU law supreme over than UK law. |
|
Ex p Factortame |
The court disapplied the Merchant Shipping Act and recognised that EU law is supreme over the UK national law. Compare: Van gend en loos and Costa v ENEL |
|
|
SOS Employment v ex p Equal Opportunities Commission |
The Courts declared the UK domestic legislation is incompatible with EU law |
|
|
Ellen Estate Streets |
A later Act, when provision is inconsistent with a provision of an earlier Act, repeals those provisions by implications. |
|
|
Vauxhall Estates |
The later Act repeals the earlier Act. |
|
|
AXA General Insurance Ltd v Lord Advocate |
It is not unthinkable that the government may seek to abolish judicial review. But the Rule of Law requires that judges must retain the power to insist that legislation of that kind is not law. |
|
|
Lord Hope in R v Jackson AG |
Parliamentary sovereignty is no longer, if it ever was, absolute. but the rule of law is the ultimate controlling factor on which our constitution is based. |
|
|
Lord Steyn in R (Jackson) v AG |
Parliamentary Sovereignty is a "made up of common law". |
|
|
Thoburn v Sunderland City Council |
Laws LJ mentioned about "constitutional statute" which cannot be impliedly repealed. (ECA 1972) |
|
|
The High Court led by Lord Thomas |
Court held that the Royal Prerogative to conduct foreign affairs does not, on the facts of the present case, extend to giving formal notice of the U.K.’s intention to leave the EU without Parliamentary approval. |
|
|
Great Repeal Bill |
that aims to end the authority of European law in Britain from the very first moment the country has left the EU. |
|
|
Challenges of Parliamentary Sovereignty |
|
|
|
HRA 1998 |
Its aim was to incorporate into UK law the rights contained in the European Convention on Human Rights. |
|
|
Devolution |
The statutory granting of powers from the Parliament to the Scottish Parliament, the National Assembly for Wales, the Northern Ireland Assembly. |
|
|
Executive dominance |
Lord Hailsham stated: "elective dictatorship" - Parliament a mere "rubber stamp" of executive legislation. |
|
|
Bellinger v Bellinger |
Institutional competence. Where the courts said that determining when a person legally changes their gender is not the court's decision but should be left for Parliament. |
|
|
Courts may challenge the validity of the Act of Parliament if it was: R N L N |
|
|
|
Prof Tomkins |
Statute is legally supreme as the highest source of constitution i.e. no authority higher than' the Act of Parliament. Courts must uphold and enforce it. |
|