Evaluate the view that parliament is no longer sovereign Flashcards
(7 cards)
1
Q
LOA
A
Yes it is
2
Q
Para 1 - Weaker - Devolution
A
- the 2016 Scotland act means that Scotland have control over its own financial policy and tax regulation
- in 2001 Scotland removed tuition fees with the Education act and this went against UK parliament’s 1998 Teaching and Higher Education Act
- Sewel Convention means that UK parliament needs consent from devolved bodies before legislating on their areas
3
Q
Para 1 - Stronger - devolution
A
- the Uk parliament can use a section 35, done to block the 2022 Gender Reform Bill which would have reduced the age to change gender down to 16
- the Northern Ireland (Executive Formation) Act of 2017 legalised abortion and same-sex marriage in NI without permission from DUP
4
Q
Para 2 - Weaker - SC
A
- Gurkha rights case (Gurung v Sec of State for Home Dep) 2008, the SC blocked parliament from introducing a rule that would limit the number of Gurkha veterans living in the UK
- 2016 Investigatory Powers Act blocked by the SC for infringing on privacy (possibly too activist), the government had to change the act
5
Q
Para 2 - Stronger - SC
A
- parliament simply ignored the ruling on the 2001 Prevention of Terrorism Act which said they could not hold suspected terrorists indefinitely
- parliament can legislate around rulings, use R (AAA) v Sec of State for Home Dep (Rwanda case)
6
Q
Para 3 - Weaker - EU
A
- deals with EU around fishing rights means UK has less control over UK waters
- there are new trade restrictions between UK and Ireland which create somewhat of a border
7
Q
Para 3 - Stronger - EU
A
- triggering of article 50 was a mandate to ignore the restrictions of the EU
- the UK removed the EU’s 5% VAT on female sanitary products under the Value Added Tax Order 2020
- UK 2020 Fisheries Act removed EU regulations through repealing the Common Fisheries Policy and it set new quotas for the conservation of Fish
