Section 1: The Traditional View (Dicey)

What is the definition of parliamentary sovereignty according to A.V. Dicey?

It means Parliament has the right to make or unmake any law whatsoever and no person or body is recognized as having a right to override or set aside the legislation of Parliament.

What are the three main consequences of the traditional view of parliamentary supremacy?

The consequences are that there are no legal limitations on legislative power, courts cannot question the validity of an Act, and Parliament cannot bind its successors or be bound by its predecessors.

Does the UK Parliament have any legal limitations on the matters it can legislate upon?

No, Parliament is legally free to legislate on any matter it sees fit.

What did Lord Reid state in Madzimbamuto v Lardner-Burke regarding unconstitutional Acts?

He stated that even if most people regard an Act as highly improper or unconstitutional in a moral or political sense, courts could not hold the Act of Parliament to be invalid.

Where do Acts of the UK Parliament stand in the hierarchy of norms?

They are at the very top of the hierarchy of norms.

Can UK courts control the validity of Acts of the UK Parliament?

No, they cannot control the validity of Acts of Parliament, although they can control the validity of inferior norms like delegated or devolved legislation.

Is the Scottish Parliament considered supreme like the UK Parliament?

No, the Scottish Parliament is not supreme and its legislation can be affected by the unlimited power of the UK Parliament.

What is the legal status of an Act of the Scottish Parliament that is incompatible with Convention Rights? :

According to section 29(2)(d) of the Scotland Act 1998, such a provision is not law.

Are Acts of the Scottish Parliament subject to judicial review on the ground of irrationality?

No, according to the case AXA General Insurance v Lord Advocate, they are not subject to judicial review on the basis of irrationality.

Can the UK Parliament legislate retrospectively?

Yes, Parliament may legislate retrospectively if it uses express words or if it is the necessary implication of the Act.

What is the judicial presumption regarding retrospective legislation?

The courts presume that Parliament does not intend to legislate retrospectively unless it clearly states otherwise.

What does it mean for a statute to apply extra-territorially?

It means Parliament can legislate in respect of places that are not under the control of the British Government.

Give an example of Parliament legislating for another country's constitution.

The Canada Act 1982, which involved the patriation of the Canadian constitution.

Can the UK Parliament legally breach International Law?

Yes, the sovereign legislator in the UK is Parliament and it may pass laws that contradict International Treaties

What was the court's duty in Mortensen v Peters?

The court had to apply the Herring Fishery (Scotland) Act 1889 even though it contradicted International Law.

What did Lord Hoffmann say in R v Lyons about International Treaties?

He said it is the duty of the courts to apply the law laid down by Parliament whether it involves the Crown in a breach of an International Treaty or not.

Can an Act of Parliament be passed if it is contrary to a constitutional convention?

Yes, a convention cannot legally limit the power of Parliament to pass an Act.

How did the Southern Rhodesia Act 1965 illustrate Parliament's power over conventions?

It reasserted the UK Parliament's power to legislate for Southern Rhodesia despite the convention that it would not legislate for dominions without their consent.

Since 1688, what has been the recognized relationship between the courts and Parliament?

The superiority of Parliament has been recognized by the courts, meaning there is no constitutional review of Acts.

What can a superior court do under Section 4 of the Human Rights Act 1998 if an Act is incompatible with human rights?

The court can issue a declaration of incompatibility, but this does not affect the validity or continuing operation of the Act.

What does the principle that Parliament cannot bind its successors mean for old laws?

It means Parliament is supreme in its own time and can always repeal an earlier Act.

What is express repeal?

It is when a later Act uses specific words to state that an earlier statute is repealed.

What is the doctrine of implied repeal?

It is the rule that if a later Act conflicts with an earlier one, the later Act takes precedence and the conflicting parts of the earlier Act are considered repealed.

How did the cases of Vauxhall Estates and Ellen Street Estates confirm implied repeal?

They held that the compensation provisions of the Housing Act 1925 impliedly repealed conflicting provisions in the Acquisition of Land Act 1919.

What did Maugham LJ say about the possibility of Parliament preventing implied repeal?

He said it is impossible for Parliament to enact that a subsequent statute cannot impliedly repeal an earlier one.

What is the orthodox position of courts regarding the validity of Acts of Parliament?

The position is one of judicial deference, meaning courts will not question the validity of an Act.

What did the court decide in Ex parte Selwyn (1872)?

It held that there is no judicial body in the country by which the validity of an Act of Parliament can be questioned.

Are courts willing to investigate the procedure used to enact a bill?

No, courts are generally reluctant to review the mode in which a bill was introduced or the proceedings during its progress.

What is the enrolled bill rule?

It is the rule that if an Act appears to have been duly enacted (passed both Houses and received Royal Assent), the courts cannot inquire into the internal proceedings of Parliament.

What was the significance of Pickin v British Railways Board (1974)?

It confirmed that courts would not permit an investigation into the procedure behind the enactment of an Act of Parliament.

How does Article 9 of the Bill of Rights 1689 protect Parliament?

It precludes the impeaching or questioning in any court of debates or proceedings in Parliament.

What is the enacting formula for an ordinary Act of Parliament?

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled.

What is the enacting formula for Acts passed under the Parliament Acts 1911 and 1949?

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Commons in accordance with the provisions of the Parliament Acts 1911 and 1949.

What was the central challenge in the Jackson v Attorney General case (2005)?

The challenge was against the validity of the Hunting Act 2004, arguing it was passed using the Parliament Act 1949 which was allegedly invalid.

What did the claimant in Jackson argue regarding the status of the Parliament Act 1949?

He argued it was delegated or subordinate legislation because it was passed without the consent of the House of Lords.

Did the House of Lords in Jackson agree that Acts passed under the Parliament Acts were delegated legislation?

No, they held that such Acts are primary legislation and the Parliament Acts simply created a new way of enacting primary legislation.

Can Parliament change common law rules through legislation?

Yes, because of parliamentary supremacy, an Act of Parliament can modify or abolish any rule of common law.

If an Act has been made improperly according to parliamentary rules, whose responsibility is it to correct it?

It is for Parliament to correct the problem by repealing the Act; the courts must apply it as long as it exists.

Does the immunity from judicial review apply to the legislation of devolved parliaments?

No, immunity from judicial review only applies to primary legislation from the Westminster Parliament.

According to the traditional view, what happens if Parliament passes an Act that is highly improper?

The courts still cannot hold the Act to be invalid because moral and political reasons do not limit Parliament's legal power.