Limits to Parliamentary Sovereignty Flashcards
(12 cards)
PS Definition
Dicey :
1.) P can produce any law, no matter how odd
2.) P’s acts are incapable of being invalidated/struck down
PS Definition Cases
Pickin - C’s argument failed as he challenged an act of parliament which due to PS, was impossible
Jackson - Similar outcome but judges acknowledged how PS may possess it’s limits
Challenges to PS
Legislation :
- EU
- HRA
- Devolution
Common Law :
- Jackson
- Safety of Rwanda 2024
- Lord Steyn and Hope
- Axa and Privacy International
Challenges to PS : EU
P agreed to limit its own sovereignty by accepting supremacy of EU law in certain areas (Factortame)
Challenges to PS : HRA
Court’s must interpret acts in line with the HRA, if they can’t, they issue a “declaration of incompatibility” to give notice to Parliament
Challenges to PS : Devolution
P agreed to delegate power to devolved governments, limiting their ability to legislate in devolved matters
Challenges to PS : Jackson
Court hinted to the chance of judicial intervention in matters involving parliamentary procedure. Court was willing to examine the legality of the procedure and not immediately accept PS to be absolute, showing the growing role of the judiciary in questioning PS
Challenges to PS : Lord Steyn and Lord Hope
Discussed that when constitutional principles are at stake, PS may not be as absolute as traditionally believed
G/R : EU
SAME
Case of Dillon shows parts of EU still apply in NI due to NI protocol and Windsor Framework
G/R : HRA
GROWING
More and more cases are consistently growing (e.g. Miller 1 and 2)
G/R : Devolution
RECEEDING
Indy Ref shows devolution holds little impact on PS as we see the UKSC not allow Scotland to hold an independent referendum in absence of Westminster’s approval
G/R : Common Law
GROWING
More and more cases
- Safety of Rwanda 2024
- S.38 EU Act 2020 ignored
