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Flashcards in Wick’s lectures Deck (32)
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1

Limits to Dicey’s doctrine (3)

1) Political/moral limits
2) Practical limits
3) Enforcement limits

2

Historical Context of Dicey (4)

1) Exec did not dominate
2) Political Parties not dominate
3) Powers not devolved
4) No supranational bodies

3

Enrolled Bill Rule

Edinburgh & Dalkeith Ryl Co v Wauchope (1842)
Court will not inquire into how an Act was passed

4

International Law

Martensen v Peters - Territorial waters more than 3 miles

5

Doctrine of Implied repeal

A later inconsistent act will impliedly repeal an earlier act.

6

Continuing View

Each new P has absolute authority

7

Self-embracing view

Current parliament can make laws to limit future parliaments

8

Features of new view (3)

1) Distinguish between procedural and substantive
2) can limit process
3) Jennings - supreme power or power to enact laws in proper form

9

EU act 2011

Won’t give anymore power without referendum

10

Scotland Act 2016

Requirement o f the consent of the Scottish Parliament

11

Jackson v Attorney - General (2005)

Hunting Act 2004 - Parliament can change its process of making laws

12

Parliament Act 1949

Limited it to 1 year delay

13

Anisminic Ltd v Foreign Compensation Commission

Purported determinations can be considered by courts

14

Axa General Insurance Ltd v Lord Advocate

Gradual move from absolute power to constitutional democracy

15

1951

Treaty of Paris (European Coal and Steel community)

16

1957

Treaties of Rome - Euro Atomic
Euro Econ

17

1992

Treaty of EU

18

2009

Lisbon Treaty - EU constitution

19

EU laws (4)

1) Treaties
2) Regulations
3) Decisions
4) Directive

20

Van Genel en loos

States have limited their sovereign rights
Costa v ENEL

21

1975

EU referendum that failed

22

1972

UK entry

23

ECA 72 sect 2(4)

European law supreme - obscure

24

Factertame (NO.2)

Merchant shipping Act 1988 - suspended

25

Judicial revolution

Wade

26

Constitutional evolution

Allan

27

Thoburn v Sunderland City Council (02)

Weights and Measures Act 1985 amended to comply with EC directive

28

Entice v Carrington (1765)

Govt relied on state necessity, law will be found in books

29

Formalistic view of Rule of Law (7)

1) Clear
2) Stable
3) Non-retrospective
4) Arbitrary
5) Independent courts
6) Accessible
7) Joseph Raz

30

Pierson

Application of tariff retrospective