PS - Common Law

Question 1

Constitution sovereign over Parliament?

Answer 1

John Laws - ‘The consitution, not the P is sovereign’

Courts have power to interpret consitutitonal principles as they see fit

Question 2

What does common law provide

Answer 2

The principles of the consitution P must operate within and the coruts must enforce

Question 3

Principle of legality - stautory interpretation

Answer 3

Lord Hoffman in Simms - ‘Fundamental rights cannot be overriden by general or anbiguous words’

But parliament can override fundamental common law rights

Question 4

Courts overriding parliament

Answer 4

Evans - Prince charles case

Parliament voted to not release documents, courts ignored this- not even a different interpretation. Clear challenge to PS

Question 5

Is PS absolute

Answer 5

Jackson

Lord Hope obiter dicta - ‘PS is not longer, if it ever was absolute’

Rare case the judiciary challenged lesigslation

Question 6

Do the courts ususally challenge legislation

Answer 6

Pickin - the couts should not interefere with or adjudicate how parliament exercised its functions when making its decision on a piece of legilation

Question 7

Can the judiciary decalre legislation unlawful

Answer 7

Moohan - yes - Taking into account the principles of democracy and the rule of law and international norms

Question 8

Who decides if JR can be excluded

Answer 8

Privacy international - yes - it s ultimately for the courts not the legislature to decide if JR can be excluded