Parliamentary Sovereignty Flashcards Preview

GDL > Parliamentary Sovereignty > Flashcards

Flashcards in Parliamentary Sovereignty Deck (28)
1

What are AV Dicey's two components of Parliamentary Sovereignty?

 

Parliament can make or unmake any law whatsoever

No body or person can set aside legislation of Parliament

2

In R (Jackson) v Attorney General what was the ruling?

Parliament has the right to unmake or make whatever act that it wants, however in some circumstances this may not be upheld

3

Parliament may override constitutional conventions. Which case?

Madzimabuto v Lardner-Burke

4

Statute may override international law. Which case?

Cheney v Conn

5

Statute may abolish the Royal Perogative

Crown Proceedings Act 1946 

Fixed Term Parliaments Act 2011

6

Statute may operate retrospectively

Burmah Oil v Lord Advocate

7

What is the European legislation that was "strongly" interpreted into UK legislation?

European Communities (EC) Act 1972

8

What is Dicey's definition of Parliamentary Sovereignty?

1. No 

9

What does Professor Vernon Bogdanor say about Parliamentary Sovereignty and the rule of law?

That there is "a clear conflict between these two principles that may lead to a constitutional crisis"

10

What is the doctrine of express repeal?

This doctrine dictates that if Parliament repeals an earlier act then it is no longer valid

11

What is the doctrine of implied repeal?

The doctrine of implied repeal dictates that if Parliament enacts legislation incompatable with previous legislation, then the new legislation impliedly repeals the old

12

What are three domestic liimiations on Parliamentary Sovereignty?

1. There is a suggestion that Parliament was "born unfree" with relation to Scotland. This is untested but supported by Obiter in McCormick v Lord Advocate. If it did hold, the exception would be limited

2. There are limits to the doctribe of implied repeal, which according to LJ Laws in Thoburn v Sunderland CC does not apply to constitutional statutes.

13

What is the manner and form debate?

It is debated whether Parliament is able to make it more difficult for future parliaments to legislate, as the Parliament Acts 1911 and 1949 make it easier

14

What is the evidence in favour of the manner and form argument?

1. There were obiter comments made by LJ Slade in Manuel to suggest that courts would accept the manner and form requirements

2. There are commonwealth authorities for the manner and form argument (A-G for New South Wales v Threthowen)

15

What are the points against the Manner and Form Argument?

1. The commonwealth authorities are merely persuasive

2. In Edinburgh & Dalkeith Railway v Wauchop the enroled act rule was reaffirmed

3. In Pickin v British Railways the House of Lords refused to consider the validity of an Act of Parliament, however formed.

16

What are the European limitations to Parliamentary Sovereignty?

The ECA 1972 is incorporated in a "strong way". It sates that all UK legislation, whenever passed, is to be construed and have effect subject to EU law. 

17

In which case was it decided that a court would go outside the meaning of an act to comply with ECA 1972?

Lister v Forth Dry Dock

18

A latter act cannot impliedly repeal EU legislation

Factortame Case

19

What is AV Dicey's two stage definition of Parliamentary Sovereignty?

20

Where does Parliamentary sovereignty come from?

The 17th Century struggle between the Crown and Parliament for sovereignty, culminating in the 1689 Bill of Rights

 

21

In what cases is the "enrolled act rule" mentioned?

Pickin v British Railways Board 

22

What is the doctrine of express and implied repeal?

23

What are the two limitations on the doctrine of implied repeal (as set out in Ellen Street Estates)?

 

 

1.  Europe. In Factortame it was found that Parliament could not impliedly repeal the ECA 1972

2. In Thoburn v Sunderland CIty Council it was found that Parliament could not impliedly repeal constitutional statutes. 

 

24

What are the six factors that show limitations of Parliamentary Sovereignty?

1. Devolution

2. Rule of Law- Judgement in R(Jackson)

3. Enolled Act Rule

4. Europe

5. Scotland (McCormick v Lord Advocate) 

6. Human Rights Act (Bellinger v Bellinger)

25

What is a declaration of incompatibility?

A declaration by the courts that a section of legislation was not valid under the HRA

 

Bellinger v Bellinger- transexual woman's marriage rights 

26

In which case is it ruled that Parliament may repeal the ECA 1972?

 

 

Garland v BREL 

27

What is the ruling in McCormick v Lord Advocate?

28