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Constituent 4 Parliamentary supermacy (Limitations (European union (UK not…
Constituent 4 Parliamentary supermacy
This is the rule that states that parliament is the highest form of law in the UK - It is more superior than any other form of law
Bill of rights 1689
“The freedom of speech and debates or proceedings in Parliament ought not to be…questioned in any court or place out of Parliament.”
Dicey 19th century
parliament may introduce any law it wishes
parliament cannot bind future parliaments
laws made by parliament override all other forms of law
the courts must apply the laws made by parliament
Parliament may introduce any law it wishes
Parliament acts 1911 and 1949
limited rights of house of lords to block the passage of act of parliament, only delay for a year
Parliament cannot bind future parliaments
each time a parliament is elected into parliament they are free to; make new laws, change existing laws and repeal previous acts of parliament
Laws made by parliament override all other forms of law
British railways board v pickin
British railway challenged by pickin act 1968 due to fraud
The courts must apply the laws made by parliament
judge is bound to follow the rule in that act of parliament
Limitations
European union
UK not an original member
European communities act 1972, UK joined
EU law overrides UK law
ex parte factortame no 2
Spanish fishermen prevented from fishing in British water
under merchant shipping act 1998
ECJ decided up needed to suspend act of parliament and enforce au law
Devolution
Scotland act 1998/ government of wales act 1998
devolved certain law-making powers - education matters
European convention on humans rights
human rights act 1998
states that gov minister must declare any new bill compatible with the ECHR before second reading
declaration of incompatibility
anti-terrorism crime and security act 2001
foreign nationals suspected as international terrorists could be held indefinitely in the up without being charged or trailed
incompatible with the ECHR by house of lords
prevention of terrorism act 2005 passed to amend the law