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Parliamentary Sovereignty (Jackson (Ban on fox hunting (Argument 1:…
Parliamentary Sovereignty
Dicey's Three Rules
Parliament is the supreme law making body
No limits on subject matter
Ex parte Simms
No limits on time
War Damages Act
and
Burmah Oil
No limits on geography
Montesen v Peters
EU Law
Factortame
UK law had become subordinate to EU law through a voluntary surrender of power
Thoburn v Sunderland
Costa
: a limitation of sovereign rights
No parliament can bind a successor
Express repeal
Implied repeal
Vauxhall Estates
Thoburn v Sunderland
: doesn't apply to EU law. Idea of entrenched areas of law.
EU Law
ECA 1972
: "EU law will be applied to any law that will be passed"
Statute of Westminster 1931
: parliament gave powers to ex-colonies
Denning: "legal theory does not always march alongside political reality".
No one may question parliament
Pickin v British Railway Board
: cannot challenge manner in which Acts are passed or substance of them
Human Rights Law
S3 HRA 1998
R v A
: Lord Steyn "read down" words
Ghaidan
: goes with the grain of legislation
S v W
: Lady Hale's starring system struck down
S4 HRA 1998
A & Others
: later, so should have repealed parts of HRA that were incompatible, opposite happened
Bellinger v Bellinger
: definition of gender for parliament to decide
Jackson
1911 Parliament Act
used to pass
1949 Parliament Act
Ban on fox hunting
Argument 1: created secondary legislation
Argument 2: delegated authority cannot increase own powers, so using
1911
to pass
1949
was not valid, and so nothing passed using
1949
was valid
1911
: rejected for two years, not block
1949
: reject for 1 year
Obiter
Lord Hope: parliamentary sovereignty is not, if it ever was, absolute
Lady Hale: why could parliament not legislate up to entrench certain powers
Devolution
Scotland Act 1998
Scotland Act 2016
Sewell convention
(not legislate on Scottish matters without consulting devolved parliament), now in
Scotland Act 2016