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17 Cards in this Set
- Front
- Back
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Parliamentary Supremacy
A.V. Dicey / Introduction to the Study o the Law of Constitution (1885) |
"The principles of parliamentary sovereignty means neither more nor less than this, namely, that Parliament... has, under the English Constitution, the right to make or unmake any law whatever; 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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Pickins v British Railway Board (1974) |
No person or body can question the validity of an act of Parliament Against: Law of God or nature or natural justice (obsolete)...Lord Reid |
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British Coal Corp v The King (1935) |
Parliaments have the power to legislate in disregard of S4 of Statute of Westminster - only theory, no relations to reality |
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Vauxhall Estates v Liverpool (1932) |
Facts: Previous Act wanted to bind future act Ratio: Bind = Cannot Impossible not to deal with implied repeal Maugham LJ |
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Madzimbamuto v Ladner - Burke (1969) |
May looks unconstitutional to do certain things But if Parliament chose to do any of them, Courts cannot hold the act invalid. |
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AG v Jackson |
Using Parliamentary Act 1911/49 Still a valid act! (Hunting Act 2004) |
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Thoburn v Sunderland |
Facts: Illegal apparatus to weight Ratios: Constitutional statute? cannot be impliedly repealed |
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Van Gen en Loos (1963) |
Paradigm: European perspective Sovereign over domestic law Facts: Domestic tariff v EU tariff, which one to follow |
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Bellinger v Bellinger (HRA) |
Declaration of incompatibility Counter argument (S4(6)) - didn't affect the validity of the act. |
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Litster v Forth Dry Dock Ltd (1990) |
HOL interpret in order to comply with directives by ECJ note: domestic leg passed for the purpose of complying with the directives (accordingly HOL applied s 2(4) Argument: how if Parliament didn't took an active step to comply with the directives? |
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Exparte Canon Selwyn (1872) |
Facts: Stop funding Irish Church Challenge: (goes against Act of Union?) “there is no judicial body in the country by which the validity of an Act of Parliament could be questioned. An Act of the legislature is superior in authority to any court of law. We have only to administer the law as we find it, and no court could pronounce a judgment as to the validity of an Act of Parliament”. |
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MacCormick v Lord Advocate (1953) |
Facts: Scotland never have Elizabeth II Challenge: (contradicting Act of Union?) So, valid? Or Parliament is still Supreme? |
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Factortame (No.2) (1991) |
Merchant Shipping Act must be disapplied! Thus Lord Bridge put the Act to abeyance (suspended) |
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MacCarthy v Smith (1981) |
Facts: Guy being paid more (shift thingy) Denning: 1.treaty (aid of construction) / also overriding force 2. inconsistent = priority to Community Law S2(1)and(4) However 1. Parliament deliberately passes act intending to repudiate treaty, acting inconsistent (priority to follow own Parliament) |
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Blackburn v AG (1971) |
Facts: i. Pre-entering treaty ii. Lord Salmon "...it can enact, amend and repeal any legislation it pleases." iii. Dissenting (Lord Denning) - freedom once given cannot be taken away? (paraphrased) |
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Costa v ENEL (1964) |
Facts: European Perspective Sovereign againts domestic law |
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AG for New South Walves v Trethowen (1932) |
Facts: Bound by manner and form (double entrenchment) |
