Supremacy of Parliament

Define

Parliaments Act 1911 - in 1909 HoL breached convention that they would not reject a finance bill passed by HoC. PM Herbert Aquith forced HoL to agree to bill threatening to flood HoL with new peers if they didn't. Parliament Act 1911 abolished HoL right to reject money bills and curtailed power to reject non-money bills

AV Dicey's definition has three parts

parliment is the supreme authourity that can make or unmake laws on any subject

parliament cannot be bound by its own previous decisions

no other person or body (ie courts) may question validity of an Act of Parliament

'Enrolled Act' Rule

Bill of Rights Article 9 'freedom of speech and debates in Parliament ought not to be impeached or questioned in any court or place out of Parliament'

Edinburgh & Dalkeith Railway Co v Wauchope - a private Act which adversely affected Wauchope's rights against a railway company was challenged on basis not given notice as was required by the standing orders of HoC - HoL dismissed W's claim 'no court of justice can enquire into the mode in which it was introduced into Parliament'

R (on application of Jackson and Others) v HM Attorney-General - suggests courts may question validity of Act

unlimited legistaltive powers p96

override international law

override constitutional convention

alter constitution

operate retrospecitvely

abolish or curvetail royal perogative

Limitations

Acts of Union 1706-07

parliament born 'unfree' because limited by the terms of these acts 99 MacCormick v Lord Advocate obiter comments suggest parliament bound by terms of the Acts of Union