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Constitutional Principles part II - Parliamentary Supremacy (Orthodox…
Constitutional Principles part II - Parliamentary Supremacy
Status: 'Principle' about the scope and extent of Parliament's legislative authority within the UK
Background and history
Common law supremacy?
Case of proclamations
Dr Bonham's case
Development of the 'Crown' - relationship between Monarchy, Executive and Legislature
Glorious Revolution
Orthodox theory
AV Dicey
Parliament can make any law for anyone anywhere
Case law
Mortensen, Cheney
Legislation
Examples?
Parliament cannot bind its successors
Case law? Vauxhall St Estates, Ellen St Estates
No body can override or set aside Acts of Parliament
Procedural
Pickin, Jackson, etc
Substantive
Jordan
Points to note about Dicey's theory?
Parliament's own definition?
Critical consideration of the principle - obiter comments in cases like Jackson and AXA
Contemporary developments
EU law - the European Communities Act 1972
CJEU cases
Van Gend en Loos, Costa, etc
Domestic cases
Factortame, Thoburn, etc
EU Withdrawal Act 2018
Retained EU Law (Revocation and Reform) Act 2023
Assimilated law and what the principle of the supremacy of EU law means today
Human Rights Act 1998
ss2, 3, 4 and 6
Parliamentary Supremacy maintained on paper, but has it been affected in practice?
Devolution
Scotland, Wales and Northern Ireland Acts
No legal superiority, but have political limitations been created?
Alternative theories
'Manner and form' theory or the 'new view'
Internal constraints
'manner and form' requirements are possible
Parliament Acts, European Union Act 2011, Scotland Act 2016
External constraints
Other constraints/limitations
Rule of law
Constitution
Democracy
What does sovereignty/supremacy actually mean? Self-embracing v continuing conceptions
Critical consideration of the doctrine today - which theory do 'you' think most accurately describes the principle today