Kat - Parliamentary Sovereignty Flashcards
(19 cards)
What is the principle of sovereignty according to Dicey?
Parliament can ‘make or unmake any law whatever; and further, that no person or body is recognised by the law of England has having a right to override or set aside the legislation of Parliament’
This reflects the absolute legislative authority of Parliament in the English constitution.
What does sovereignty consist of in the context of the British constitution?
HC + HL acting together with Crown-in-Parliament
HC = House of Commons, HL = House of Lords.
What is required for the Crown to consent to legislation?
Royal Assent (Royal Assent Act 1967)
This is the formal approval by the monarch required for a bill to become law.
In British Railways Board v Picking [1974], what was established about the courts?
Courts ≠ competent to question validity of AoP
AoP = Act of Parliament.
What does Ellen Street Estates v Minister of Health [1934] state about subsequent Parliaments?
Parliament can’t stop subsequent Parliament from repeal AoP
This principle is supported by s.3 Interpretation Act 1978.
What did Re Allister [2023] establish regarding the Withdrawal Agreement?
Withdrawal Agreement overrides rights from 1800 Act
This illustrates the flexibility of legislation in the context of international agreements.
What was the significance of MacCormick v Lord Advocate [1953]?
EII’s Scottish title, no incapability (LP Cooper, obiter)
EII = Elizabeth II, this case touches upon the constitutional status of the monarchy in Scotland.
In R (SC) v SSWP [2021], what was concluded about AoP and HRA?
Validity and effectiveness of AoP not affected by incompatibility w HRA
HRA = Human Rights Act.
According to Jennings, what is recognized by courts regarding Parliament?
PS recognised by courts, Parliament cannot bind itself as to manner and form
PS = Parliamentary Sovereignty.
What was affirmed in A-G v Jackson [2005] regarding Parliament’s powers?
Parliament’s ‘substantive power to change the content of the law’ is not diminished
This includes referendum or super majority requirements (J Goldsworthy).
What did Ex p Simms [2000] conclude about Parliament’s legislative power?
Parliament can ‘legislate contrary to fundamental principles of human rights’
This statement was made by L Hoffman.
What are the referendum requirements according to various Acts?
- Northern Ireland Act s.1(2)
- Scotland Act 1998, 63A
- Government of Wales Act 1998, s.A1
These acts outline specific conditions under which referendums must be conducted.
What does the ECA 1972, s.2 state about EU laws?
All directly effective EU laws automatically applied to UK
ECA = European Communities Act.
What was the outcome of the Factortame case regarding EU laws?
Courts disapplied AoP
This case highlighted the tension between UK law and EU law.
What does the prospective HVIII clause allow?
Ability to amend or modify AoPs by officials
HVIII = Henry VIII clause, it cannot be used before passing of a law to amend or invalidate it.
Can courts refuse to apply AoP according to Moohan v The Lord Advocate [2014]?
Clause ≠ sufficiently clear to oust JR
JR = Judicial Review.
What was determined in R (Jackson) v A-G [2005] regarding the 1949 PA?
1949 PA = unlawful, therefore Hunting Act 2004 = unlawful
1911 PA could be amended using its own process as held by HL.
What did Miller I establish about legislative changes?
Only Parliament can make significant changes to the law
This emphasizes the role of Parliament in law-making.
What was concluded in Miller II about prorogation?
Prorogation constituted interference with PS because when prorogued Parliament cannot legislate
This case reinforced the importance of Parliamentary activity.
