Parliamentary Sovereignty: Historical Background and Theory

These flashcards cover the key concepts related to Parliamentary Sovereignty, its historical background, and the theory as articulated by A.V. Dicey.

Parliamentary Sovereignty

The principle that Parliament is the supreme legal authority in the UK.

Glorious Revolution

The 1688 coup against James II, marking the end of absolutist monarchy in England.

Bill of Rights 1689

Legislation that established parliamentary sovereignty and limited the powers of the monarchy.

Act of Settlement 1701

Legislation that further enshrined the sovereignty of Parliament.

Electoral Reform Acts

Acts passed in the 19th century that gradually expanded the franchise in the UK.

A.V. Dicey

A legal scholar known for his writings on parliamentary sovereignty in the 1880s.

Supreme law-making body

A characterization of Parliament, indicating its authority to make laws without legal limitations.

No substantive limitations

The concept that Parliament can legislate without any legal restrictions on its authority.

Express repeal

The process by which one Act explicitly replaces another Act.

Implied repeal

The legal principle whereby a new Act implicitly repeals an earlier Act if they are inconsistent.

Entrenchment

The idea of permanently securing certain constitutional principles against change.

Legality Principle

A principle stated by Lord Hoffmann indicating that Parliament can legislate contrary to fundamental rights if it has the majority.

Enrolled Bill Rule

A legal doctrine stating that once a bill becomes an Act of Parliament, its validity cannot be questioned.

Constitutional flexibility

The characteristic of the UK's uncodified constitution to allow significant changes through ordinary legislation.

Political character of constitution

The notion that political influences often drive changes to the constitution rather than rigid legal rules.

Contemporary law and politics

Current frameworks that highlight the limitations and challenges of Dicey's theory of parliamentary sovereignty.