100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Parliamentary sovereignty summary sheet £3.96   Add to cart

Summary

Parliamentary sovereignty summary sheet

 2 views  0 purchase

This document covers a summary of all that is needed to be known for parliamentary sovereignty. This includes the functions of parliament, challenges to parliamentary sovereignty and more. While this does not cover parliamentary sovereignty in masses of detail, it is suitable to revise the general ...

[Show more]

Preview 1 out of 3  pages

  • October 21, 2024
  • 3
  • 2024/2025
  • Summary
All documents for this subject (34)
avatar-seller
scarlettbuckle
Parliamentary Sovereignty
Functions:
- Sovereign legislative body w/ constitutionally ultimate & legally unlimited
power to make law
- Scrutinises official conduct & hold gov accountable

Dicey:
‘Parl has the right to make or unmake any law whatever… no person or body is
recognised by law as having right to override or set aside.’ (Intro to Study of Law &
Constitution)
Influence - ‘iconic status in UK public law’ (Karahagn)
‘Dicey’s conception of legislative supremacy has become so ingrained amongst
english lawyers.’ (Allan)

Parl can make any law:
- Inc. far reaching constitutional changes
- E.g. smoking on streets of Paris is criminal (W.I Jennings 1959)
- E.g. Blue eyed babies put to death (Stephenson 1959)

Courts cannot strike down an act:
Courts reject this possibility (Edinburgh Railway v Wauchope).
International law is subject to an act (Mortenson v Peters).
PS is the legally unlimited power in the UK; based on history of parl taking over the
crown. Not a rule created by judicial decisions but by legal & political reality
recognised in case law.
British Railway Board v Pickin - owned land next to a railway station, would obtain
if abandoned. British Railways act 1968 was passed; Pickin said parl was
fraudulently misled.
R (Jackson) v Attorney General - Hunting act 2004 banned hunting w/ dogs. Passed
using parl act 1949 w/o approval of HoC.

Why do we still have PS?
- Legally unlimited law; limited by politics, democracy, morality &
practicality.
- Dicey called this the difference between legal & political law.
- Ensures constitutional primacy of democratic decisions.
- HC is directly elected; judiciary unelected so is unrepresentative.
- Justifies absence of legal limits on law making powers (M. Gordon, PS in UK
Constitution)
- PS is an access point for understanding nature of UK court.
- Transmits a symbolic message about potential legitimacy of the UK court.
- Democratic justification; signs that traditional approach may be changing.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller scarlettbuckle. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £3.96. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

84866 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£3.96
  • (0)
  Add to cart