4) Parliamentary Sovereignty Flashcards
(22 cards)
What is parliamentary sovereignty?
The cornerstone of the UK constitution governing the relationship between Parliament, the executive, and the judiciary.
What does a codified constitution provide?
Supreme legislative and executive authority.
What historical authority did the UK monarchy hold before Parliament?
Supreme authority with full executive and legislative power.
What significant event established Parliament as the superior authority?
The Bill of Rights 1689.
What are some key provisions of the Bill of Rights 1689?
- Monarch may not suspend or execute laws without Parliament’s consent
- Unlawful for Monarch to levy taxes
- Prevented Monarch from raising a standing army without consent of Parliament
- Free Elections to Parliament
What is the ‘positive limb’ of Dicey’s definition of Parliamentary Sovereignty?
Parliament has the power to make any law on any subject matter.
What was the Fixed Term Parliament Act 2011?
Introduced elections every 5 years instead of every 7, repealed in 2022.
What does the ‘negative limb’ of Dicey’s definition state?
No person or body can question the validity of an Act of Parliament.
True or False: Courts can question the validity of an Act of Parliament.
False.
In which case did the Privy Council uphold the validity of the Southern Rhodesia Act 1965?
Madzimbamuto v Lardner-Burke [1969].
What does it mean that ‘Parliament cannot bind its successors’?
Future Parliaments cannot be bound by laws made by previous Parliaments.
What are the two major ways Acts of Parliament can be repealed?
- Express Repeal
- Implied Repeal
What is implied repeal?
When a new Act contradicts an older Act without explicitly repealing it, the newer Act prevails.
In Vauxhall Estates v Liverpool Corporation [1932], which Act was deemed to apply?
The most recent Act impliedly repealed the older Act.
What is the general rule regarding ‘constitutional statutes’?
They can only be repealed via express repeal, not implied repeal.
What is an example of a constitutional statute?
The Human Rights Act 1998.
What did Baroness Hale recognize about the constraints on Parliament’s actions?
They are political and diplomatic rather than constitutional.
What does the term ‘legal sovereignty’ refer to?
Parliament’s legal power to make or unmake any law.
Fill in the blank: The doctrine of parliamentary sovereignty is often described as the _______ of the UK constitution.
cornerstone.
What is a significant limitation of implied repeal?
Not all Acts can be impliedly repealed; some require express repeal.
What case confirmed that Parliament could legislate contrary to fundamental principles of human rights?
R v Secretary of State for the Home Department ex parte Simms and O’Brien [1999].
What is the significance of the War Damages Act 1965?
It abolished compensation rights established by a previous ruling.
