Parliamentary Sovereignty

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Who introduced Parliamentary Sovereignty and in what year?
Dicey in 1885
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What did Dicey outline as the main features?
1. Parliament can make any law they wish
2. Parliament can not bind future parliaments
3. the courts must apply the laws made by parliament
4. laws made by parliament override all other forms of law
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what do they mean by omnicompetant?
- parliament can legalise on any matter
- parliament can change its own laws
- parliament can even pass laws that are incompatible with European Convention of human rights
- a decleration of incompatibility will not prevent a Bill becoming law
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what do they mean by it can not bind successors?
each new parliament must be free to introduce or appeal whatever law it wishes

only restraint is MPs need to appease the public if they wish to be re-elected
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what must the courts do?
the courts must apply laws made by Parliament even it it infringes human rights

the courts can make a decleration of incompatibility but must still apply the statute
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what do the courts have no power to do and in what case was this referred in?
the courts have no power to challenge the validity of an act where the correct procedures have been followed

seen in the case of BRB v Pickin 1974 - court held that they had no jurisdiction to invalidate the act of parliament
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what do the laws made by parliament do?
they override any other forms of law
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Is laws made by parliament the highest form?
statute law is the highest form of English Law, it is binding and prevails over others
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What does statute law prevail over?
case law
regulations
by-laws
European convention of human rights
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what are the constraints on parliamentary sovereignty?
political sovereignty

popular sovereignty
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what is political sovereignty?
it refers to where power actually lies, sovereignty lies with the government rather than the parliament
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who sets the legislative agenda when concerned with political sovereignty?
the government
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What is popular sovereignty?
this refers to where power lies with the people
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what is the popular sovereignty like in the UK?
we have strong popular sovereignty in the UK as seen in the Brexit referendum
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what are the limitations?
EU membership

devolution
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what is EU membership?
EU law overrides UK statute law

EU may use directives which dictate what laws parliament must introduce - a failure to implement can result in court action

where there is conflict with the EU law the court must apply EU law not statute
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what is devolution?
westminster parliament devolving powers to other parliaments
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who did the west-minster parliament devolve powers to?
Scottish Parliament
Welsh Assembly
NI Assembly
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what is quasi-federalism?
some powers have been retained by West-minster and others have been devolved
which gives them the power to make certain laws without west-minster approval
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where does sovereignty ultimately lie?
within Parliament
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what can parliament do?
parliament can block legislation

it can dismiss Government by passing a vote of no confidence

Parliament can withdraw from EU

it can remove powers from other parliaments
it also has reserved powers
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Other cards in this set

Card 2

Front

What did Dicey outline as the main features?

Back

1. Parliament can make any law they wish
2. Parliament can not bind future parliaments
3. the courts must apply the laws made by parliament
4. laws made by parliament override all other forms of law

Card 3

Front

what do they mean by omnicompetant?

Back

Preview of the front of card 3

Card 4

Front

what do they mean by it can not bind successors?

Back

Preview of the front of card 4

Card 5

Front

what must the courts do?

Back

Preview of the front of card 5
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