Parliamentary Sovereignty and Dicey's Theory

Dicey's theory asserts that Parliament has absolute power to make or unmake any law on any subject without legal constraints.

No Act of Parliament can be permanently binding; future Parliaments can repeal or amend any law passed by previous ones.

It means that the validity of an Act of Parliament cannot be questioned in court, regardless of its implications.

<p>EU law takes precedence over UK law, which undermines the absolute authority of Parliament as proposed in Dicey's theory.</p> Signup and view all the answers

<p>The Human Rights Act requires public authorities to act in ways that uphold human rights, limiting Parliament's unrestricted power.</p> Signup and view all the answers

<p>Parliament is democratically elected, which grants it the authority to create laws that apply to all citizens.</p> Signup and view all the answers

<p>Dicey's view implies that courts must uphold Acts of Parliament and cannot question their validity.</p> Signup and view all the answers

<p>The membership of the European Union and the implementation of the Human Rights Act 1998 are significant erosions.</p> Signup and view all the answers

<p>The House of Commons, the House of Lords, and the Monarch.</p> Signup and view all the answers

<p>The House of Commons is composed of elected officials known as Members of Parliament (MPs) who win elections in their constituencies.</p> Signup and view all the answers

<p>The House of Lords consists of life peers, 92 excepted hereditary peers, and senior bishops of the Church of England.</p> Signup and view all the answers

<p>The Monarch must approve all laws passed by Parliament for them to become law.</p> Signup and view all the answers

<p>The UK Parliament is based at the Palace of Westminster.</p> Signup and view all the answers

<p>All three parts of Parliament must approve the Act before it can become law.</p> Signup and view all the answers

<p>Life peers are appointed members of the House of Lords who hold their titles for life and do not pass them on after death.</p> Signup and view all the answers

<p>The role of the Monarch is typically passed to the eldest child when the reigning Monarch dies.</p> Signup and view all the answers

<p>The CJEU interprets the provisions of EU law outlined in treaties and provides rulings on their application.</p> Signup and view all the answers

<p>Primary sources of EU law are treaties, with the Treaty of Rome being a significant example.</p> Signup and view all the answers

<p>Horizontal direct effect allows individuals to rely on treaty provisions against other individuals, while vertical direct effect allows reliance against the state.</p> Signup and view all the answers

<p>The Lisbon Treaty amended previous treaties and enhanced the EU's legal framework post-Brexit.</p> Signup and view all the answers

<p>Regulations are secondary sources of EU law that are binding in every respect and directly applicable in member states.</p> Signup and view all the answers

<p>Courts should consider whether the CJEU has previously ruled on the issue, the clarity of the point, and the surrounding circumstances.</p> Signup and view all the answers

<p>The case of Macarthys Ltd v Smith (1980) illustrates horizontal direct effect by allowing an individual to rely on treaty rights against another individual.</p> Signup and view all the answers

<p>Treaties set out the fundamental principles and obligations that member states must uphold within EU law.</p> Signup and view all the answers

<p>A Green Paper outlines the intention to change the law and invites public comments and suggestions on the proposed changes.</p> Signup and view all the answers

<p>A White Paper is a formal proposal for new legislation that reflects feedback from a Green Paper consultation and includes detailed plans for the new law.</p> Signup and view all the answers

<p>Public Bills address matters of public policy that affect the whole country or large sections of it.</p> Signup and view all the answers

<p>Private Members' Bills are sponsored by individual MPs and typically focus on specific issues of interest to those MPs, unlike Public Bills which address broader public policy matters.</p> Signup and view all the answers

<p>They are chosen from a ballot where 20 members are selected to present their Bills during each parliamentary session.</p> Signup and view all the answers

<p>After the White Paper is published, there is another opportunity for consultation before the final Bill is introduced to Parliament.</p> Signup and view all the answers

<p>Bills are draft laws or proposals for changes in the law that need to be considered by Parliament before they become Acts.</p> Signup and view all the answers

<p>An example of a Public Bill is the Children and Social Work Act 2017, which aims to improve children's services and their welfare.</p> Signup and view all the answers

<p>It allows individuals to claim compensation from their state for failing to implement EU law.</p> Signup and view all the answers

<p>The Italian government failed to set up a scheme to ensure employees received their outstanding wages after an employer's liquidation.</p> Signup and view all the answers

<p>The directive must grant rights to individuals, the rights must be clear and precise, and there must be a link between the state's failure and the damage suffered.</p> Signup and view all the answers

<p>The UK government's failure to comply with an EC directive on motor insurance was deemed a sufficiently serious breach to allow a claim for damages.</p> Signup and view all the answers

<p>The child could not claim compensation from the Motor Insurer Bureau due to the government's inadequate compliance with EU law.</p> Signup and view all the answers

<p>It implies that the government can be held liable for damages resulting from its failure to effectively implement EU law.</p> Signup and view all the answers

<p>The CJEU confirmed that Francovich had a right to compensation for the Italian government's failure to implement the directive.</p> Signup and view all the answers

<p>Individuals must prove that they are granted rights by the directive, the clarity of these rights, and a direct link to the state's failure causing their damages.</p> Signup and view all the answers

<p>Conservative MPs proposed to ignore the ruling and deny UK prisoners the right to vote.</p> Signup and view all the answers

<p>The Act protected Abu Qatada from deportation to Jordan due to the risk of torture or an unfair trial.</p> Signup and view all the answers

<p>It specifies that the Act does not adversely affect the constitutional principle of the rule of law.</p> Signup and view all the answers

<p>The Lord Chancellor swears to respect the rule of law and defend the independence of the judiciary.</p> Signup and view all the answers

<p>His theory suggests that the arms of the state should be kept separate to safeguard citizens' liberty.</p> Signup and view all the answers

<p>The increasing fusion of governmental arms challenges the principle of separation of powers.</p> Signup and view all the answers

<p>It is significant because it formally recognized the rule of law as a central issue in UK law.</p> Signup and view all the answers

<p>It exemplifies the conflict between national security and human rights protections under international law.</p> Signup and view all the answers