KEY QUOTES - Priority Flashcards
(17 cards)
What did Bogdanor say about a certain time period?
The years since 1997 have been “an era of
constitutional reform”
What did Bogdanor say the British Constitution has?
It has “the great virtue of flexibility”
What did Lord Camden say in Entick v Carrington on the Rule of Law
“If it is law, it will be found in our books. If it is not to be found there, it is not law.”
Dicey on the Rule of Law
“The rule of law means the absolute supremacy or predominance of the regular law as opposed to the influence of arbitrary power”
Richard Ekins’ commentary on Miller 2
“Wrongly invites the court to legalise political issues” , and that prorogation “in now way defies, qualifies or departs from Parliamentary Sovereignty”
Lord Steyn’s FAMOUS quote on Parliamentary Sovereignty in Jackson
Dicey’s account of Parliamentary Sovereignty “can now be seen as out of place in the modern United Kingdom”, bit is still the “general principle of our constitution”
Bogdanor: While…
“While Parliament may still be the dominant institution in the British Political System, it is no longer legally omnipotent”
USEFUL! What did Laws LJ say in International Transport Roth
We are at an “intermediate stage between parliamentary supremacy and constitutional supremacy”
What did Jeffrey Jowell say about PS after the HRA 1998
Neither the legislature nor executive should be able to “deny with impunity” certain fundamental rights
How did Lord Neuberger previously describe Parliamentary Sovereignty?
“Parliamentary sovereignty means that Parliament can legislate contrary to fundamental principles of human rights”
(Easy) What did Lord Bridge say in Factortame?
Joining the ECA 1972 was “entirely voluntary”
What did Lord hope say about the constition in Jackson?
“Parliamentary Sovereignty is the bedrock of the British Constitution”
What did Meg Russel say relating to the RoL and Accountability?
“Accountability is not guaranteed simply by winning elections”
What did Lord Reed say about Parliamentary Intention in Privacy International?
“Parliamentary Intention remains “the cornerstone of our constitutional settlement”
Dicey on conventions
“Conventions are not laws…they are observed because of the force of constitutional morality”
Mark Elliott on the courts’ role
“The courts’ role is interpretative, not supremacist”
Lord Reed in Miller (No.1) - Very critical
The judiciary’s role is to “uphold the legal limits of executive power, not to override the will of Parliament”
