Parliamentary Sovereignty Flashcards
(17 cards)
What is Dicey’s definition of parliamentary sovereignty?
Dicey defined it as:
- Parliament has the right to make or unmake any law.
- No Parliament can bind its successors.
- No person or body may override or question an Act of Parliament.
What does the first limb of Dicey’s theory mean?
Parliament is the supreme law-making body and can legislate on any subject, without legal limits.
Can Parliament pass unjust or impractical laws?
Yes, according to Dicey, there are no legal limits—only political limits.
Can Parliament legislate retrospectively?
Yes.
What is meant by “no Parliament may bind a successor”?
Each Parliament is sovereign and cannot entrench laws or prevent a future Parliament from changing or repealing them.
What is express repeal?
Later legislation explicitly repeals earlier statutes.
What is implied repeal?
Later legislation that contradicts earlier legislation repeals it to the extent of the inconsistency, even without express language.
What case established that constitutional statutes are not subject to implied repeal?
Laws LJ introduced the idea of ‘constitutional statutes’, which are not impliedly repealed.
What is the enrolled bill rule?
Once a bill is passed, its validity cannot be questioned in court.
Can courts invalidate Acts of Parliament in UK law?
No. Under Diceyan theory, no body may override or declare an Act of Parliament invalid.
What is ‘manner and form’ entrenchment?
A Parliament may try to bind future Parliaments by imposing procedural requirements for repeal (e.g., a referendum).
What are ouster clauses?
Provisions in legislation aiming to exclude judicial review.
How was EU law incorporated into UK law?
Via the European Communities Act 1972 (ECA), which gave direct effect to EU law and allowed it to override conflicting domestic law.
What case established the supremacy of EU law?
Costa v ENEL [1964] – EU law prevails over domestic law in case of conflict.
significance of Factortame (No. 2) [1991]?
This showed EU law could override Acts of Parliament.
Does devolution legally limit parliamentary sovereignty?
No. Legally, Parliament retains power to legislate on all matters, including devolved ones. The limitation is political, not legal.
How does the HRA 1998 affect parliamentary sovereignty?
It requires legislation to be interpreted, where possible, in line with the ECHR and allows courts to issue declarations of incompatibility.
