The traditional view on Parliamentary Sovereignty

Created by: Steph130
Created on: 26-03-22 01:43

parliamentary sovereignty

parliament has, under the English constitution, the right to make or unmake any law whatever; and, no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament

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key points from Dicey

1) Parliament cannot bind its successors
2) ‘Implied repeal’: When there is conflict between an older and a newer statute, the resolution of this conflict must give legal force to the newer statute.

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Unlimited legislative competence

‘UK courts cannot strike down or refuse to apply Acts of Parliament’
• ‘The notion of an unconstitutional Act of Parliament is therefore an oxymoron. Parliament is incapable of acting unconstitutionally because it is constitutionally unrestrained.’

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Parliament cannot bind its successors

Ellen Street Estates v. Minister of Health

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Express repeal

new Act states that it repeals previous Act
regulating the same matter

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Implied repeal

if new legislation contrasts with earlier
legislation (without explicitly saying so), courts should apply/enforce the latter provision of the Act and consider the earlier has been impliedly repealed (and disregard it)

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Entrenchment

entrenchment is impossible, it is not possible for Parliament to impose constraints or limitations on the repeal or amendment of an Act
• Implied repeal is connected to the point that Parliament cannot bind its successors

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Parliamenatry soverignity and the supreme court

Parliamentary sovereignty as a foundational principle of the UK constitution has been acknowledged by the UK Supreme Court Yet, this does not necessarily entail that the UK judges accept now the traditional view as developed by Dicey

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Other cards in this set

Card 2

Front

key points from Dicey

Back

Card 3

Front

Unlimited legislative competence

Back

Card 4

Front

Parliament cannot bind its successors

Back

Card 5

Front

Express repeal

Back

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The traditional view on Parliamentary Sovereignty