Who is the main frame for how we look at parliamentary sovereignty?
Dicey or the Dicey View. He said the constitution rests on two pillars: Parliamentary sovereignty and the rule of law
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Where can the origins of parliament be traced back to?
End of 13th Century, as a council that would meet and discuss policy, with the king very much involved
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What was the crisis of the 17th cetury?
arose because of Stewart monarch's belief that they are divinely appointed to rule, wanted parliament to do as they wished. The king resulted to prerogative powers to prevent having to go before parliament
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Which is the case where this is asserted?
The case of proclamations [1611] tried to use prerogative powers to ban new buildings going up in London. Court stands up to the King and say he would need a bill passed by parliament
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What does the case of R v Hampden result in?
King undermining Parliament to raise money for ships. Leads to a civil war between parliament and monarch.
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Who wins?
Parliamentarians, Oliver Cromwell. The King is put on trial, doesn't recognise the authority of parliament to try him. P finds him guilty of treason, England executes it's monarch
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What was the result of this?
England becomes a republic for 11 years, ends in 1660, no obvious successor to Cromwell. Charles I's son, Charles II is invited back to the throne
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The Bill of Rights 1689
Parliament lays down terms in which it is prepared to have a monarch come to thrown: monarch can no longer suspend the test acts or raise taxes without parliamentary consent
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What did the Bill of rights secure?
Parliamentary sovereignty
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What does Dicey say on the Law of Constitution?
Parliamentary sovereignty means they have the right to make or unmake any law whatsoever
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How do you define parliament?
House of Commons, House of Lords, and the Monarch. An act must pass through all three before going into law
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What do the rules of recognition allow?
They are the primary rules of obligation e.g. allow us to say what will count as the definitive content of the prohibition of murder
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What is Dicey's view seen as?
The dominant, traditional and orthodox view
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What happened in Cheney v Conn [1968]
D wouldn't pay taxes because he didn't want the money to go towards nuclear weapons
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Other cards in this set
Card 2
Front
Where can the origins of parliament be traced back to?
Back
End of 13th Century, as a council that would meet and discuss policy, with the king very much involved
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