Parliamentary Sovereignity

Question 0

Thoburn (2002)

Answer 0

Constitutional statutes were recognized as being slightly higher

Question 1

British Railways Board v Pickin (1974)

Answer 1

Courts emphasised that they could not look behind the legality of statutes, even based on failed parliamentary procedures.

Question 2

Entick v Carrington (1765)

Answer 2

The law of the land was applied to the state.

Question 3

M v Home Office (1994)

Answer 3

Government officials are just as liable as anybody else under the UK law.

Question 4

Malone v Metropolitan Police Commissioner (1979)

Answer 4

Police had intercepted M’s telephone calls, no trespass had been committed by the police as there was no law prohibiting it.

Question 5

Anufrijeva (2003)

Answer 5

It was determined that government decisions must be communicated to an individual before they can act in a way that is detrimental to that individual.

Question 6

Simms (2000)

Answer 6

The wording of a statute must be clear and unambiguous where it restrains an individual’s rights.

Question 7

Jackson v Attorney General (2005)

Answer 7

Obiter statements from some judges suggested they saw some limits on Parliamentary Sovereignty, though it it still the mainstay of the constitution. Lord Steyn claimed PS is constructed by common law. In modern times it is not absolute.

Question 8

R v Somerset County Council Ex Parte Fewings (1995)

Answer 8

The local council banned stag hunting on its land due to it being immoral, it was held that the court were not allowed to do this.