Parliamentary Sovereignty
What? Role of Courts?
Legislatie supremacy – “the right to make and Iinterpret legislaton prospectiely
unmake any law” “no person or body is recognised by unless Parliament explicitly ascribes
the law of England as haiing a right to oierride or set retrospectie force – R(Reilly)s both
aside legislaton of Parl” – Dicey. WWs protectng illegal acts in natonal
Courts must apply legislaton made by parl – cannot interest
hold Act of Parl inialid/unconsttutonal Pickin Do not inquire into internal
Can legislate past ECHR – just declare incompatbility proceedings of Parl – “exclusiie
Legislatie omnicompetence cognisance” – Tew on Chaytor – did
Parliament Acts 1911-49 – in certain circumstances a not infringe on “EC” – expanses not
Bill can become Act without approial of HofL – way of internal proceeding of Parl. Pepper i
parliament enactng legislaton not by “supreme Hart – Hansard could be used to
parliament” interprets not to queston.
EU membership: Can Parl bind its successors?
Giie part of our soiereignty aways to “pool” with other Technically no…
natons – combined soiereignty = EU. 1960s – independence granted to
Preiails oier inconsistencies with natonal law oierseas territories – “freedom
(factortame) BUT only on issues that’s within EU’s once conferred cannot be
legislatie competence (the part of our soiereignty we reioked” – Bradley and Ewing
gaie away) Deioluton
ECA 1972 – only important in context of EU supremacy in Consttutonal guarantee for NIi –
that it made UK part of EU – transforms Treaty additonal stage of referendum
obligatons into law. Factortame = confict between MSA before breach guarantee Heuston
(1988) and art 7s TofRome. EU – wrong to say because we
can leaie – not bound – forces
UK Soiereignty Parliamentary Soiereignty moie to new reality where not in
UK pooled its soiereignty in Area in which Parl can EUs whilst in = bound
order to giie EU soiereignty legislate reduced. Most of these are politcal limits
- had to giie EU Parl can only legislate (politcal consttuton) rather than
competences within own legal. Lord Denning
competence – thus in HRA – bound my “manner and
areas of competence form” – i.e must declare
giien to EUs Parl is (in)compatbility. Heuston
restricted in how it can
legislate. (i.e. can
legislate on whateier it ECA 1972
wantss but in certain Consttutonal statute – must be
areas has to legislate in expressly repealed.
certain way.) Gaie EU certain competences +
applied treates
Thus where future UK law confictss
Iin regards to EU laws SCUK is not highest court but ECJ
cannot be seen to implicitly repeal
UK law has to accommodate EU law – if no conficts
Act – thus by nature of constt
eieryone = happy. Confict – job to decide who has
statutes EU law = supreme in its
competence HS2 about parliamentary process – not in
area of competence unless ECA is
EUs competence!!
explicitly repealed
(cases in boxes to do with PS in relaton to EU)
What? Role of Courts?
Legislatie supremacy – “the right to make and Iinterpret legislaton prospectiely
unmake any law” “no person or body is recognised by unless Parliament explicitly ascribes
the law of England as haiing a right to oierride or set retrospectie force – R(Reilly)s both
aside legislaton of Parl” – Dicey. WWs protectng illegal acts in natonal
Courts must apply legislaton made by parl – cannot interest
hold Act of Parl inialid/unconsttutonal Pickin Do not inquire into internal
Can legislate past ECHR – just declare incompatbility proceedings of Parl – “exclusiie
Legislatie omnicompetence cognisance” – Tew on Chaytor – did
Parliament Acts 1911-49 – in certain circumstances a not infringe on “EC” – expanses not
Bill can become Act without approial of HofL – way of internal proceeding of Parl. Pepper i
parliament enactng legislaton not by “supreme Hart – Hansard could be used to
parliament” interprets not to queston.
EU membership: Can Parl bind its successors?
Giie part of our soiereignty aways to “pool” with other Technically no…
natons – combined soiereignty = EU. 1960s – independence granted to
Preiails oier inconsistencies with natonal law oierseas territories – “freedom
(factortame) BUT only on issues that’s within EU’s once conferred cannot be
legislatie competence (the part of our soiereignty we reioked” – Bradley and Ewing
gaie away) Deioluton
ECA 1972 – only important in context of EU supremacy in Consttutonal guarantee for NIi –
that it made UK part of EU – transforms Treaty additonal stage of referendum
obligatons into law. Factortame = confict between MSA before breach guarantee Heuston
(1988) and art 7s TofRome. EU – wrong to say because we
can leaie – not bound – forces
UK Soiereignty Parliamentary Soiereignty moie to new reality where not in
UK pooled its soiereignty in Area in which Parl can EUs whilst in = bound
order to giie EU soiereignty legislate reduced. Most of these are politcal limits
- had to giie EU Parl can only legislate (politcal consttuton) rather than
competences within own legal. Lord Denning
competence – thus in HRA – bound my “manner and
areas of competence form” – i.e must declare
giien to EUs Parl is (in)compatbility. Heuston
restricted in how it can
legislate. (i.e. can
legislate on whateier it ECA 1972
wantss but in certain Consttutonal statute – must be
areas has to legislate in expressly repealed.
certain way.) Gaie EU certain competences +
applied treates
Thus where future UK law confictss
Iin regards to EU laws SCUK is not highest court but ECJ
cannot be seen to implicitly repeal
UK law has to accommodate EU law – if no conficts
Act – thus by nature of constt
eieryone = happy. Confict – job to decide who has
statutes EU law = supreme in its
competence HS2 about parliamentary process – not in
area of competence unless ECA is
EUs competence!!
explicitly repealed
(cases in boxes to do with PS in relaton to EU)
