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Parliamentary Supremacy (Contemporary developments (European Communities…
Parliamentary Supremacy
Status: 'Doctrine' about the scope and extent of 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?
Contemporary developments
European Communities Act 1972
CJEU cases
Van Gend en Loos, Costa, etc
Domestic cases
Factortame, Thoburn, etc
EU Withdrawal Act 2018
Human Rights Act 1998
ss2, 3, 4 and 6
Devolution
Scotland Acts
Alternative theories
Manner and form theory
Internal constraints
'manner and form' requirements
Parliament Acts, European Union Act 2011, Scotland Act 2016
External constraints
Other constraints/limitations
Rule of law
Constitution
Democracy
Self-embracing v continuing
Critical consideration of the doctrine today