Challenges to Parliamentary Supremacy.

Question 1

What did the European Union Law do.

Answer 1

1. Gave effect to EU law, which took precedence over conflicting UK law.

Question 2

what is the relevant case.

Answer 2

Factortame 1991:

• UK courts disapplied an Act of Parliament (Merchant Shipping Act 1988) as it conflicted with EU law.
• First major challenge to supremacy.

Question 3

What happened in European withdrawal Act 2018

Answer 3

Repealed ECA 1972 and restored full sovereignty post Brexit.

Question 4

Human Rights Act 1998

Answer 4

• Incorporates the European Convention on Human Rights (ECHR) into domestic law.
• Courts can declare legislation incompatible with ECHR under s.4 HRA but cannot strike it down.

Question 5

what is the relevant case to the HRA 1998.

Answer 5

• R (Anderson) v Secretary of State for the Home Department 2002:
• Declaration of incompatibility made, but Parliament retains discretion.