What is Parliamentary Sovereignty? Does Parliamentary Sovereignty still exist? Is Parliament still sovereign? How does the EU affect parliamentary sovereignty?
Orthodox view - key elements (Dicey, Coke, Black, Wade)
1. Parliament can make or unmake any law
a. Union with Ireland Act 1800 – Parliament able to alter the physical limits of
the state
b. Parliament Act 2011 – parliament able to legislatie oier its own procedures
and the way in which law is made
2. Parliament cannot bind its successors
a. Ireland act 1949 – Ireland granted independence, which undid the intended
‘permanent’ union of 1800
b. Explains implied repeal
c. Supported in Vauxhall Estates Ltd i Liierpool Corporaton
3. No one can queston Parliament’s laws
a. Britsh Railways Board i Pickin – it is not for the court to examine how an act
of parliament has come into force or to queston the correctness of the
procedures employed within parliament
Only an act of parliament is Supreme
Courts must apply the legislaton made by Parliament and may not hold an Act of
Parliament to be inialid/unconsttutonal
> restricton does not apply to resoluton of HoC, subordinate legislaton, act of
subordinate legislature…
Retrospectve legislaton
Parliament has power to legislatie retrospectiely, although it would breach rule of law and
Art 7 of the ECHR
Was used afer WWs to protect illegal acts commited in natonal interest.
Internatonal law
o The courts may not hold an Act ioid on the ground that it contraienes general principles
of internatonal law or a treaty to which the UK is party
o Parliament legislates in respect of its own territory or its own citiens aboard
o Rule of interpretatonn statutes will not be giien extraterritorial efect unless expressly
proiided
Legal limitatons on Parliament*
1995 Lord Woolfn If Parliament did the unthinkable and legislated without regard for the
role of the judiciary in upholding the rule of law, the courts might wish to make it clear that
ultmately there are eien limits on the supremacy of parliament which it is the courts
inalienable responsibility to identfy and uphold
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