Unit 5 - Parliamentary Sovereignty

Question 1

what are Av Dicey’s elements of Parl sup?

Answer 1

1. First parliament has freedom to make laws of any kind.
2. Secondly no-one outside parliament can override its laws.

Question 2

what are the legislation limitations on PS?

Answer 2

• Laws relating to Scotland
• laws conflicting with provisions of the EUWA 2020
• Laws which conflict with rights granted in the ECHR

Question 3

what are parliament’s components and functions ?

Answer 3

Comps: - HoC, HoL and Monarch
FUNCs:
- Scruitinising the work of the government
- Passing legilation, making ne w laws
- Debating the jey issues of the day
- Approving the funding ness for the gov to carry out its stat duties and legisl proposal
Providing the personnel for gov

Question 4

what is the enrolled act rule ?

Answer 4

Edinburgh & Dalkeith Railway Co v Wauchope (1842) - “no court of justice can enquire into the mode in which it was introduced into Parliament, what was done previously to it being introduced”
- Became known as the ‘Enrolled Act’ rule - once an Act has been entered onto the parliamentary roll, court will not question the validity of that act or hold the act to be void

Question 5

how can we expressly and impliedly repeal ?

Answer 5

Expressly is allowed always - impliedly is only allowed for NON-Constitutional Statute

Question 6

other limitations on PS ?

Answer 6

• Acts of Union
• Devolution
• Acts of independence
• limits of doctrines of implied repeal

Question 7

what’s the process of legislation that is incompatibly with HRA ?

Answer 7

S19 - introduction of the bill must state its incompatible
S3 - courts will try to interpret this in accordance with the convention rights as much as is possible to do this
S4 – incompatible – pressure politically and publicly on gov to reverse the bill