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Questions and Answers
What is the principle of parliamentary sovereignty in the UK?
What is the principle of parliamentary sovereignty in the UK?
Which mechanism allows UK courts to alert Parliament about inconsistencies with the European Convention on Human Rights?
Which mechanism allows UK courts to alert Parliament about inconsistencies with the European Convention on Human Rights?
Under what circumstances can UK courts quash decisions made under legislation?
Under what circumstances can UK courts quash decisions made under legislation?
What historical event affirmed Parliament's authority over the monarchy?
What historical event affirmed Parliament's authority over the monarchy?
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Which scholar is best known for emphasizing the unlimited legislative power of Parliament?
Which scholar is best known for emphasizing the unlimited legislative power of Parliament?
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Which of the following is NOT a mechanism by which UK courts influence the legislative process?
Which of the following is NOT a mechanism by which UK courts influence the legislative process?
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What does the Human Rights Act 1998 enable courts to do regarding Acts of Parliament?
What does the Human Rights Act 1998 enable courts to do regarding Acts of Parliament?
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How can public pressure influence legislative changes in the UK?
How can public pressure influence legislative changes in the UK?
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What is the significance of Parliament's ability to make or unmake any law?
What is the significance of Parliament's ability to make or unmake any law?
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Which of the following best describes the non-justiciability principle?
Which of the following best describes the non-justiciability principle?
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How does the Rule of Law provide access to justice?
How does the Rule of Law provide access to justice?
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What is the implication of the principle 'no Parliament can bind its successors'?
What is the implication of the principle 'no Parliament can bind its successors'?
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Which key aspect of the Rule of Law emphasizes that laws must be applied consistently?
Which key aspect of the Rule of Law emphasizes that laws must be applied consistently?
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What action did the Factortame Case (1991) illustrate regarding parliamentary sovereignty?
What action did the Factortame Case (1991) illustrate regarding parliamentary sovereignty?
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What does the principle of 'equality before the law' imply?
What does the principle of 'equality before the law' imply?
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What does A.V. Dicey's interpretation of the Rule of Law emphasize?
What does A.V. Dicey's interpretation of the Rule of Law emphasize?
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What is one fundamental principle that prevents the enactment of morally unacceptable laws by parliament?
What is one fundamental principle that prevents the enactment of morally unacceptable laws by parliament?
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Which of the following is NOT a safeguard against the enactment of discriminatory laws by legislators?
Which of the following is NOT a safeguard against the enactment of discriminatory laws by legislators?
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How is the European Convention on Human Rights incorporated into UK law?
How is the European Convention on Human Rights incorporated into UK law?
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In the event parliament passes an illegal law, which governmental body can intervene?
In the event parliament passes an illegal law, which governmental body can intervene?
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What does legislative sovereignty imply about the actions of parliament?
What does legislative sovereignty imply about the actions of parliament?
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Which mechanism is crucial for challenging laws that infringe on basic human rights?
Which mechanism is crucial for challenging laws that infringe on basic human rights?
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What role does civil society play in the legislative process?
What role does civil society play in the legislative process?
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Which fundamental human right would be violated by a law that mandates the murder of blue-eyed babies?
Which fundamental human right would be violated by a law that mandates the murder of blue-eyed babies?
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What was the result of R (Unison) v Lord Chancellor?
What was the result of R (Unison) v Lord Chancellor?
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What does Dicey believe is essential for a fair trial?
What does Dicey believe is essential for a fair trial?
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How does parliamentary sovereignty interact with the rule of law?
How does parliamentary sovereignty interact with the rule of law?
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What is the role of courts concerning legislative interpretation in the context of parliamentary sovereignty?
What is the role of courts concerning legislative interpretation in the context of parliamentary sovereignty?
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What impact did the European Union (Withdrawal) Act 2018 have on parliamentary sovereignty?
What impact did the European Union (Withdrawal) Act 2018 have on parliamentary sovereignty?
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How does the Human Rights Act 1998 contribute to the rule of law?
How does the Human Rights Act 1998 contribute to the rule of law?
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What does parliamentary scrutiny of government mainly involve?
What does parliamentary scrutiny of government mainly involve?
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What is a potential weakness in Dicey's view of law?
What is a potential weakness in Dicey's view of law?
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Study Notes
Parliamentary Scrutiny of Government
- Parliament's sovereignty means it holds the highest legal authority, able to create or repeal any law, and no other entity can override its legislation.
- The concept of parliamentary sovereignty stems from the Glorious Revolution (1688) and the Bill of Rights (1689), affirming Parliament's power over the monarchy.
- Parliamentary sovereignty in the UK rests on key principles articulated by A.V. Dicey, particularly the unlimited legislative power of Parliament.
A.V. Dicey's Key Principles:
- Government according to Law: All state actions must have a legal basis.
- Equality Before the Law: The law applies equally to everyone, regardless of status.
- Constitution Arises from Ordinary Law: Key constitutional principles develop from common law, emphasizing procedural regularity and specific hallmarks of lawmaking.
The Rule of Law
- The rule of law ensures that everyone – including lawmakers, government officials, and citizens – is subject to and accountable under the law.
- It emphasizes equality before the law, fairness, legal certainty, and access to justice.
- The concept of the rule of law is central to the UK constitution, as outlined by A.V. Dicey and further emphasized by Lord Bingham, who highlighted its role in protecting fundamental rights.
Key Cases:
- Entick v Carrington: This case established the principle that the government can't exercise power without legal authorization.
- R (Unison) v Lord Chancellor: This case overturned employment tribunal fees, as they restricted access to justice, reaffirming the essential nature of the rule of law.
Tension between Sovereignty and the Rule of Law
- Parliamentary supremacy empowers Parliament to enact laws that may appear to contradict the rule of law principles, as illustrated by the Public Order Act 1986, which restricts free speech in certain contexts.
- Courts aim to interpret legislation in accordance with the rule of law principles; however, Parliament's ultimate authority prevails.
Recent Developments
- Brexit: The withdrawal from the EU restored full sovereignty to Parliament, but it raised concerns regarding the courts' capacity to upholding the rule of law, as evidenced by the Miller cases.
- Human Rights Act 1998: By incorporating the European Convention on Human Rights into UK law, courts have gained the ability to challenge Parliamentary legislation that violates fundamental rights, presenting a check on sovereignty.
Parliamentary Scrutiny of Government
- Government ministers are accountable to Parliament both individually and collectively.
- Parliamentary scrutinizes government policies, administration, and expenditures, which is a vital aspect of the government's legitimacy and authority granted through Parliament's majority.
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