Parliamentary Sovereignty and Dicey's Theory

The primary source of law in the UK, created by the UK Parliament.

Elected representatives in the House of Commons.

The lower house of the UK Parliament, composed of elected MPs.

The upper house of the UK Parliament, composed of unelected peers.

Non-elected members of the House of Lords, including life peers and hereditary peers.

A type of peer appointed for life, often for achievements in their field.

The head of state in the UK who must approve all laws passed by Parliament.

The process by which a law is passed by Parliament, involving approval by all three parts: House of Commons, House of Lords, and the Monarch.

A document outlining a government's proposal for a new law and inviting public feedback.

A document that presents a clear and specific proposal for a new law, usually after public feedback has been considered.

A proposed law that is presented to Parliament for consideration.

A Bill that affects the whole country or a large section of it, often reflecting the government's policies.

A Bill proposed by an individual MP. It often focuses on a specific issue that the MP is passionate about.

A Bill that specifically addresses a particular issue related to a specific group or organization.

Dicey's theory states that Parliament has absolute and unlimited power. Any law made by Parliament overrides any other source of law.

Dicey's theory has three key points, which explain the nature of Parliamentary sovereignty.

Parliament has the ultimate power to create or abolish any law on any topic. No legal limitations exist.

Prior Parliament's laws can be repealed by the current Parliament. No laws are permanent.

Courts cannot challenge the validity of a law passed by Parliament. The courts must uphold Parliament's laws.

Membership in the EU created a conflict with Dicey's theory. EU law took priority over UK law.

The Human Rights Act 1998 requires public authorities to act in accordance with human rights. This potentially limits Parliament's absolute power.

Dicey's theory of parliamentary sovereignty is debated due to challenges from EU law and human rights legislation. Its future is uncertain.

The principle that everyone, including those in power, must obey the law and be subject to the same legal rules and procedures.

A European court that protects human rights in member states.

The right of individuals to have their vote counted, even if they are in prison.

A UK law that protects people from torture and unfair trials, even if they have committed serious crimes.

A key principle that ensures separate branches of government (legislative, executive, and judicial) have distinct powers and responsibilities. It aims to prevent any branch from holding too much power.

The idea that judges should make decisions based on the law, not personal opinions or pressure from others.

A UK Act that formally recognized the rule of law as a key principle in the British legal system.

A theory by Montesquieu that suggests separating the powers of government to protect the liberty of citizens.

Legal agreements made between all member states of the European Union. They establish the fundamental principles and goals of the EU and hold the highest legal authority.

The highest court in the European Union responsible for interpreting EU law. Its rulings are binding on all EU member states.

EU laws that are directly applicable in all member states without needing national implementation. They are binding in all aspects.

When individuals can directly invoke provisions of EU treaties before national or EU courts, even if their own country hasn't implemented the legislation. This means individuals can rely on EU law.

When individuals can rely on EU treaties against their own government in a national court. It allows individuals to claim their rights under EU law.

When individuals can rely on EU treaties against another individual or private company in a national court.

EU regulations provide detailed, technical rules that apply to specific areas, unlike the general principles outlined in EU treaties.

The process of officially making a law, typically involving a series of stages like debate, amendment, and voting by the relevant legislative institution.

A principle established by the case of Francovich v Italy (1991) that allows individuals to claim compensation from a state if it fails to implement EU law properly, causing them harm.

A requirement that must be met for an individual to claim under the Francovich Principle. It refers to the clear and specific purpose of the EU law (directive) to grant rights to individuals.

A requirement under the Francovich Principle. The rights given to individuals by the EU law must be clearly defined and easy to understand.

A requirement under the Francovich Principle. There must be a direct link between the state's failure to implement EU law and the harm suffered by the individual.

A case (Byrne v Motor Insurers' Bureau, 2007) that further solidified the Francovich Principle, holding the UK government liable for damages due to its failure to correctly implement an EU directive on motor insurance.

A legal tool by which individuals can directly enforce EU law in national courts, even if the state has not implemented it properly.

The legal process in which a state is held accountable and potentially required to pay damages for failing to implement EU law properly, impacting individuals.

The legal obligation of states to implement EU directives (laws) within their national legal systems.