Public Law Summary Lecture 5

  • Created by: ellied25
  • Created on: 15-03-18 12:28

5 & 6 - Supremacy of Parliament

  • What does it mean?
    • Dicey Definition
    • Common law concept: 17th century struggle between crown + parliament culminating in the revolution, and Bill of Rights 1689.
  • How does parliamentary supremacy assert itself?
    • Acts of parliament - developed enrolled act rule. 
      • Edinburgh v Dalkeith (no court can enquire into the mode in which..)
      • Pickin v British Railway Board (idea that a court is entitled to disregard a provision....strange to anyone.....knowledge of the history and law of our constitution)
  • How acts of parliament have shown themselves to be supreme:
    • Unlimited legislative competence
    • Override constitutional conventions 
      • Madzimbamuto v Lardner-Burke
    • Override royal prerogative
      • Fixed Term Parliament Act
      • R v Sec of State for Exiting European Union (EU notification of withdrawal act)
    • Override international law
      • Cheney v Conn (tax assessment, geneva convention) 
      • War Damages Act
    • Acts of parliament can operate retrospectively
      • Burmah Oil Co v Lord Advocate (War Damages Act applied retrospectively removing the right to compensation). 
  • Express Repeal
    • a later act expressly states on its face that it repeals provisions of an earlier act - Burmah.
  • Implied Repeal
    • a later statute will impliedly repeal the contents of an earlier statute to the extent of any inconsistency between them - Ellen Street Estates v Minister of Health
  • Limitations on parliamentary supremacy which contradict its traditional definition:
  • Practical and political considerations (unpopularity and devolution)
    • Scotland Act 1998/2016 s28(8) ony legislates on devolved matters with consent. 
    • Government of Wales Act 1998/2006 - 2006 gave them power. 
    • Northern Ireland Act 1998 - power-sharing exective. 
  • Domestic limitations:
    • Acts of Union- cannot be repealed bc parliament enacting provisions is no longer in existence in the same form. 
      •  McCormick

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