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Summary Parliamentary Sovereignty Crib Sheet

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Parliamentary Sovereignty Revision

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  • July 30, 2018
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  • 2017/2018
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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)

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