Rule 2- Parliament Can Make Any Law

Question 1

Parliament Can Make Any Law

Answer 1

parliament has the ability to make constitutional changes without the need for special amendment procedures

Question 2

act of settlement 1701

Answer 2

regulates succession to the crown e.g. no catholics

Question 3

septennial act 1715

Answer 3

increased the maximum length of a parliament (and hence the maximum period between general elections) from three years to seven, repealed by fixed-term parliaments act 2011 (general election occur at 5 year intervals)

Question 4

parliament act 1911 and 1949

Answer 4

removed thehouse of lords’ power of veto over legislation. the lords at most could delay a bill for two years (1911). the 1949 act reduced the delay period to one year

Question 5

constitutional reform act 2005

Answer 5

introduced supreme court (replacing HL) and changes to the office of lord chancellor

Question 6

parliamentary voting system and constituencies act 2011

Answer 6

provides for a referendum on voting system

Question 7

succession to the crown act 2013

Answer 7

(an act to make succession to the crown not depend on gender and to make provision about royal marriages)

Question 8

his majesty’s declaration of abdication act 1936

Answer 8

the monarch could not act without parliament’s agreement also allowed edward 8th to pass succession of the throne to his brother because edward wanted to marry his lover Wallis Simpson and this was opposed by the government and dominions

Question 9

parliament can change other fundamental constitutional principles, including extending its own life-time, or changing legislative procedures (2 statutes):

Answer 9

• septennial act 1715

- parliament acts 1911 and 1949

Question 10

Legislative Omnicompetence - What Does This Mean?

Answer 10

basically, having powers to legislate on all matters

Question 11

Burmah Oil v Lord Advocate (3)

Answer 11

parliament may pass legislation overriding the common law

government were ordered to pay damages for damage caused during ww2, parliament then passed an act (war damages act) retrospectively exempting them for paying damages that occurred legally during war

also highlights that issue that judges are ultimately limited by parliament supremacy

Question 12

Parliament may legislate with retrospective effect

Answer 12

• war damage act 1965 - exempted the crown from liability for damage done during ww2

Question 13

Parliament May Grant Independence to Dependent Territories (example statues)

Answer 13

• british north america act 1867- comprises a major part of the constitution of canada. the act entails the original creation of a federal dominion and sets the framework for much of the operation of the government of canada, including its federal structure, the house of commons, the senate, the justice system, and the taxation system
• zimbabwe independence act 1979 - gave internationally recognised independence

Question 14

Legal Validity of Statute Can be Overridden by Political Fact

Answer 14

in 1965 parliament attempted to gain control over southern rhodesia, passing the southern rhodesia act. this invalidated any legislation passed in the country

Question 15

Madzimbamuto v Lardner-Burke

Answer 15

• parliaments competence to pass such an act confirmed, BUT practical effectiveness of act was limited in that it could not be enforced. parliament may have had legal power but the southern rhodesian government held the de facto power
• also the breach of convention does equal breach of law

Question 16

Manuel v AG

Answer 16

• upheld the principle in Madzimbamuto

- ‘legal validity is one thing, enforceability is another’