Parliamentary Soverignty
- Created by: Marietta123
- Created on: 23-03-14 14:22
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- The Sovereignty of Parliament
- The Orthodox view
- Can make or unmake any law - Dicey
- No body capable of setting aside an act of parliament
- Act of UK Parliament cannot be judged to be unconstitutional
- Evidence
- Legislative Evidence - many Acts of Parliament have made major changes to the constitution without effective challenge
- Act of Settlement 1700
- The Septennial Act 1715
- Parliament Acts 1911 and 1949
- Independence of Colonies
- European Communities Act 1972
- Case Law
- British Railways Board V Pickin 1974
- Mortensen v Peters 1906
- Vauxhaull Estates Ltd v Liverpool Corporation 1932
- Ellen Street Estates Ltd v Minister for Health 1934
- Juristic Writings e.g. Blackstone and Dicey
- Legislative Evidence - many Acts of Parliament have made major changes to the constitution without effective challenge
- Challenges
- The Treaty of Union - was Parliament born 'unfree'?
- Membership of The European Union
- European Treaties
- European Communities Act 1972
- R v Secretary of State for Transport, ex parte Factortame 1990 & 1991
- European Human Rights Law
- Constitutional values in Common Law
- R v Attorney General, ex parte Jackson 2005
- The Orthodox view
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