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Constitutional Law > Legislative Authority of Parliament > Flashcards

Flashcards in Legislative Authority of Parliament Deck (18):
1

Parliament/Legislature is comprised of:

- House of Commons
- House of Lords
- Crown

2

Parliamentary Sovereignty

Parliament's right to make and unmake laws, no body can override it.

AV Dicey

3

Citizens cannot question Acts of Parliament:

British Railways Board v Pickin

4

Courts cannot question Acts of Parliament:

Stella v Desmond William Lardner-Burke.

5

Judicial obedience to Parliament:

Manuel v Attorney General

6

Parliament can legislate retrospectively and prospectively:

Burmah Oil v Lord Advocate

7

Doctrine of Implied Repeal:

Courts will always apply the most recent statute.

Vauxhall Estates v Liverpool Corporation

8

Are Constitutional Statutes subject to the doctrine of implied repeal?

No, Thoburn v Sunderland City Council

9

What is a Constitutional Statute?

Conditions the relationship between civilians and the state in overarching manner.

10

Lord Woolf's View on Parliamentary Supremacy?

"If Parliament did the unthinkable, then the courts can act without precedent to counteract them"

11

John Laws' view

"The constitution is sovereign, not parliament"

12

Jackson v Attorney General:

Constitution dominated by parliamentary sovereignty but it is no longer absolute.

13

Lord Hope's view:

Courts shall disregard/ void all acts which exceed limits of power.

14

British Railways Board v Pickin

Function of courts is to consider and apply acts of parliament.

15

Manuel v Attorney General

"Duty of the court is to obey and apply Acts of Parliament"

16

Burmah Oil v Lord Advocate

Parliament would be bankrupt if they compensated all the property they damaged during War. They created War Damages Act of 1965.

17

Stella v Desmond William Lardner-Burke

Although it would be unconstitutional for Parliament to do certain things, it does not mean they cannot

18

Thoburn v Sunderland City Council

Weights and Damages Act 1985 was said to have impliedly repealed European Communities Act 1972. It was held that under the European Communities act, all EU Law incorporated into domestic law would take precedence.