Constitutional and Administrative Law - Constitutional Principles Flashcards
Parliamentary Sovereignty
Highest form or source of law in UK is an Act of Parliament
Ratification
The process by which international law and treaties become UK law. E.g. UK signed ECHR and ratified it and passed HRA 1998
Enrolled Bill Rule
Because no one can set aside an Act of Parliament, the courts cannot question its validity.
EU law’s effect on Parliamentary Sovereignty
Parliament voluntarily accepted this limitation on its sovereignty when it enacted the ECA 1972
European Communities Act 1972
Made EU law a source of law in UK and any laws made by the EU automatically had effect in the UK, no further legislation was required. All laws, whether enacted before or after ECA 1972, needed to be interpreted according to EU law and if an Act conflicted with EU law it was disapplied by the courts.
The Rule of Law
- No one should be punished unless they have breached a specific law, punishment should be according to the law, nobody is above the law
Parliamentary Privilege
Collection of rules which only applies to members of Commons or Lords. Cannot be sued for anything they have said in Parliament. In essence, a challenge to the rule of law as this puts them above the law.
Retrospective Legislation
Challenges rule of law
Declaration of incompatibility
If Act of Parliament conflicts with human rights. Signal to Parliament that they may want to consider amending legislation
Judicial Review
A check on the government to ensure that they act within the law