Public law Parliament

Question 1

What is parliamentary sovereignty and the key elements to it?

Answer 1

P has right to make or unmake any law whatsoever, and no person/body can override/set aside legislation of P
1. P is supreme law-making body
2. No P can be bound by a predecessor or bind a successor
3. No person/body can question validity of an enactment of P

Question 2

What are some examples showing that there are no substantive restrictions on P?

Answer 2

P can legislate contrary to fundamental rights (consider legality principle)
P can legislate contrary to international law
P can pass legislation that has retrospective effect (even if undesirable to rule of law)

Question 3

What are the 2 methods of repealing an Act?

Answer 3

Express: legislation passed that expressly states an intention that an earlier action be replaced (must be done for constitutional statutes)
Implied: new act is partially/wholly inconsistent with a previous one, of which is repealed to extent of inconsistency

Question 4

What is the enrolled bill rule?

Answer 4

If a bill has been enrolled, it’s impossible to go behind it

Question 5

What are some limitations to P’s power?

Answer 5

Devolved legislation
Practical politics

Question 6

What is the legality principle?

Answer 6

P can enact laws which undermind human rights but must state its intention in crystal clear terms