It means that Parliament is the supreme legal authority in the UK, which can create or end any law.
2 of 8
What is Dicey's theory of Parliamentary sovereignty?
1. Parliament has unlimited power to make any law. 2. Nobody can question the validity of Parliament. 3. No Parliament can bind any future Parliaments.
3 of 8
What is a limit on Parliamentary sovereignty?
Acts of Parliament can be overruled by EU law.
4 of 8
Describe the case of Factortame
Spanish fishermen claimed that the Merchant Shipping Act of 1988 was against EU law because it forbade non Brits from fishing in UK waters. The ECJ ruled that if EU and UK laws conflicted, the UK law would be suspended
5 of 8
What case first established the sovereignty of EU law?
Costa v Enel in Italy (1964). The claimant opposed nationalisation of the electricity sector (as he thought it was against the constitution) so refused to pay his electric bill. It was ruled that EU law is supreme over national law of member states.
6 of 8
What effect does the Human Rights Act (1998) have on UK law?
The Human Rights Act (1998) requires all UK law to comply with the European Convention of Human Rights.
7 of 8
What is S19 of the Human Rights Act?
S19 requires a minister to make a statement to Parliament on a piece of proposed legislation's compatibility with the Human Rights Act.
8 of 8
Other cards in this set
Card 2
Front
What is Parliamentary sovereignty?
Back
It means that Parliament is the supreme legal authority in the UK, which can create or end any law.
Card 3
Front
What is Dicey's theory of Parliamentary sovereignty?
Comments
No comments have yet been made