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4 Cards in this Set
- Front
- Back
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Why is Dicey's view of sovreinghty important?
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1. The Diceyan model based on limited government intervention and remains the classical definition of sovereignty.
2. This belief is in direct contrast to the new English law that emerged at the time. 3. Written within the context of the late 19th century 4. The modern 20th century has altered this context with the growth of government intervention and the role of the state 5. The UK's signing of the European Communities Act in 1972 was a challenge to the traditional Diceyan approach. 6. The UK courts have been forced to gradually reconsider the traditional approach and arguably reduce their supremacy. |
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dicey's 3 definitions of sovereignty
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1. Parliament has the right to make any law whatever
2. Legislation by Parliament cannot be overridden by any other body 3. Parliament cannot bind its successors |
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Madzimbamuto v Lardner-Burke
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1969 he doctrine of parliamentary supremacy, in English Law, was upheld by Lord Reid in Madzimbamuto v Lardner-Burke [1969] 1 AC 645:
It is often said that it would be unconstitutional for the United Kingdom Parliament to do certain things, meaning that the moral, political and other reasons against doing them are so strong that most people would regard it as highly improper if Parliament did these things. But that does not mean that it is beyond the power of Parliament to do such things. If Parliament chose to do any of them the courts would not hold the Act of Parliament invalid. Such a theory might not, however, work in practice. In 2004, the Government sought to pass the Asylum and Immigration (Treatment of Claimants, etc.) Bill, which contained a comprehensive "ouster clause", which would have excluded judicial review of decisions on applications for asylum. There was uproar among judges and lawyers, and the Lord Chief Justice, Lord Woolf, went so far as to suggest that if the clause were to becom |
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Implied repeal
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Concept in English constitutional theory which states that where an Act of Parliament conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are repealed (i.e. no longer law). This doctrine is expressed in the Latin phrase "leges posteriores priores contrarias abrogant".
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