Parliamentary Sovereignty and Legal Perspectives
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What does parliamentary sovereignty imply regarding the enactment of laws?

  • No law passed by Parliament can be challenged in a referendum.
  • Parliament can pass any law without any legal limits. (correct)
  • Parliament must consult the courts before enacting laws.
  • Parliament can only enact laws related to human rights.

    • According to HWR Wade, what is the basis of parliamentary sovereignty?

  • Legislation owes its authority to previous statutes.
  • Parliamentary sovereignty is a constitutional fixture established by political agreement. (correct)
  • Parliament derived its power from the common law.
  • The judiciary is responsible for defining the extent of parliamentary sovereignty.

    • What is one main criticism of Wade's analysis regarding the sovereignty of Parliament?

  • It fails to acknowledge the historical context of Parliament's power.
  • It supports the idea that Parliament can legislate without restrictions.
  • It presents a clear, coherent argument for parliamentary sovereignty.
  • It does not consider current justifications for Parliament's lawmaking authority. (correct)

    • What does Wade argue regarding the possibility of entrenching legislation?

    <p>It is impossible for Parliament to entrench legislation due to its sovereignty.</p> Signup and view all the answers

    Which Act reduced the number of successive sessions required for a bill to be passed by the House of Commons?

    <p>Parliament Act 1949</p> Signup and view all the answers

    What does the concept of procedural entrenchment refer to?

    <p>Requiring a referendum or specific voting process for certain legislation.</p> Signup and view all the answers

    What is a feature of the 'new view' regarding Parliament's authority?

    <p>Parliament should impose binding conditions on the legislative process.</p> Signup and view all the answers

    What do legal constitutionalists argue regarding parliamentary sovereignty?

    <p>Parliament should be subject to legal constraints enforceable by courts.</p> Signup and view all the answers

    What is meant by the term 'rule of recognition' in the context of parliamentary sovereignty?

    <p>The principle that courts will always uphold the most recent law enacted.</p> Signup and view all the answers

    Which principle is argued to be immovable by Parliament according to some critics?

    <p>Fundamental democracy and human rights.</p> Signup and view all the answers

    What principle regarding UK law was established by the Factortame case?

    <p>EU law takes precedence over UK legislation.</p> Signup and view all the answers

    According to Wade's continuing sovereignty theory, what is the only effective means to alter Parliamentary sovereignty?

    <p>A revolution of judges acting unlawfully.</p> Signup and view all the answers

    What does section 2(4) of the European Communities Act 1972 imply about UK legislation in relation to EU law?

    <p>UK laws must be construed as being subject to EU law.</p> Signup and view all the answers

    What is highlighted as a problematic aspect of the continuing sovereignty theory according to Elliot and Thomas?

    <p>It assumes Parliament's limitations on its sovereignty are voluntary.</p> Signup and view all the answers

    What can be inferred about the relationship between the UK and the EU following the repeal of the ECA 1972?

    <p>The UK must still comply with certain EU regulations.</p> Signup and view all the answers

    What is a crucial characteristic of a tribunal's authority?

    <p>It is derived from statute and must follow natural justice.</p> Signup and view all the answers

    What happens if a tribunal acts beyond its derived authority?

    <p>The decision is deemed a nullity and void.</p> Signup and view all the answers

    What is needed for Parliament to exclude the jurisdiction of courts?

    <p>Clear and unequivocal language.</p> Signup and view all the answers

    How did the House of Lords rule in the R (Factortame) case regarding EU law superiority?

    <p>EU law must be complied with unless explicitly stated otherwise.</p> Signup and view all the answers

    Why is the distinction between a wrong decision and a nullity important?

    <p>It clarifies the limits of judicial review on tribunal decisions.</p> Signup and view all the answers

    What was the significant legislative act enacted to implement the TCA domestically in the UK?

    <p>European Union (Future Relationship) Act 2020</p> Signup and view all the answers

    According to the judgment in Thoburn, what is indicated about Parliament's ability to repeal constitutional statutes?

    <p>There are limits to Parliament's power regarding constitutional statutes.</p> Signup and view all the answers

    What principle did the case of Ellen Street Estates v Minister of Health reinforce regarding Parliament's legislative power?

    <p>Parliament can imply repeal of earlier Acts through later legislation.</p> Signup and view all the answers

    What was the outcome of the R (Jackson) v Attorney General case regarding the Hunting Act 2004?

    <p>The Hunting Act was validated as a legitimate Act of Parliament.</p> Signup and view all the answers

    How does the Parliament Act 1911 affect the legislative process in the UK?

    <p>It allows rejection of Public Bills in two successive sessions by the House of Lords without consent.</p> Signup and view all the answers

    What does the term 'constitutional statute' imply in relation to the UK legal system as suggested by the text?

    <p>Certain statutes are considered fundamental and cannot be easily repealed.</p> Signup and view all the answers

    In the context of UK legislation, what does the term 'implied repeal' refer to?

    <p>The nullification of earlier laws by the enactment of conflicting legislation.</p> Signup and view all the answers

    What is the main argument made by Lord Steyn regarding parliamentary sovereignty?

    <p>Parliamentary sovereignty can be qualified under certain exceptional circumstances.</p> Signup and view all the answers

    According to Lord Hope, what restricts Parliament's absolute authority to legislate?

    <p>The supremacy of EU law.</p> Signup and view all the answers

    What condition is implied about parliamentary sovereignty based on the statement regarding the electorate's trust?

    <p>Parliament must always represent the will of the people.</p> Signup and view all the answers

    What was the outcome of the Anisminic v Foreign Compensation Commission case in relation to judicial review?

    <p>Judicial review was deemed necessary to ensure lawful decisions.</p> Signup and view all the answers

    According to Lord Reid, what would indicate an intention to create a new kind of ouster clause?

    <p>Clear language preventing any questions.</p> Signup and view all the answers

    Which principle does Lady Hale suggest regarding Parliament's ability to redefine itself?

    <p>Parliament can redefine its authority either up or down.</p> Signup and view all the answers

    What does the principle of parliamentary sovereignty imply about Parliament's legislative authority?

    <p>It must act in accordance with the will of the electorate.</p> Signup and view all the answers

    What was Lord Wilberforce's view on tribunal decisions empowered by statute?

    <p>Tribunals can make wrong decisions as long as they act legally.</p> Signup and view all the answers

    How does Dicey view the House of Lords' role in relation to the House of Commons?

    <p>The House of Lords has no power to obstruct the House of Commons.</p> Signup and view all the answers

    What does Section 4(4) of the Foreign Compensation Act 1950 establish?

    <p>It limits the scope of judicial review based solely on tribunal decisions.</p> Signup and view all the answers

    What might prevent the courts from openly striking down laws that oppose fundamental constitutional principles?

    <p>There is a mutual respect and reluctance between Parliament and the courts.</p> Signup and view all the answers

    In the context of parliamentary sovereignty, how is the role of the courts explained according to the principles discussed?

    <p>Courts must interpret legislation while considering background constitutional principles.</p> Signup and view all the answers

    What does Lord Steyn imply about Parliament's legislative process based on his remarks?

    <p>Parliament's actions are influenced by underlying constitutional principles.</p> Signup and view all the answers

    Foley's theory of constitutional silences suggests what about the handling of constitutional anomalies?

    <p>Anomalies are often ignored to prevent conflict and maintain the constitution's stability.</p> Signup and view all the answers

    What did Lord Phillips imply regarding the limits of parliamentary sovereignty?

    <p>There are discernible limits to what Parliament can legislate, discovered by the courts.</p> Signup and view all the answers

    Study Notes

    Parliamentary Sovereignty

    • Parliamentary sovereignty means Parliament can make any law and no other body can override it.
    • This positive aspect is contrasted with the negative aspect: no other authority can set aside an Act of Parliament.

    Models of Parliamentary Sovereignty

    • Model I: Parliamentary Sovereignty as a Constitutional Fixture
      • Entrenchment is impossible.
      • Parliament cannot limit its own future powers.
      • Changes can only happen due to a political agreement altering.
      • This model sees the courts as obligated to enforce the latest Parliament's intention.
      • Implied repeal is endorsed. Absolute entrenchment is impossible.
    • Model II: Parliament Controlling Aspects of the Legislative Process (the "new view")
      • Manner and form theory: Parliament can set rules for how laws are made without imposing constraints on what they can enact.
      • Procedural entrenchment is possible, subject-matter entrenchment is not.
      • This balances between absolute entrenchment and non-entrenchment.
    • Model III: Unintended Constraints on Parliamentary Authority
      • Legal constitutionalists argue that some limits, like fundamental principles, are beyond Parliament's power.
      • Practical constraints exist (e.g. cannot legislate for other jurisdictions).
      • Some principles, like democracy, are central and immovable.
      • Courts can use judicial review to enforce these limits.

    Constitutional Values and Interpretation

    • Courts interpret legislation in light of constitutional principles, like the rule of law.
    • Courts interpret statutes to ensure they are compatible with HRA (Human Rights Act) rights, where possible.
    • Courts presume Parliament did not intend to exclude courts unless expressly stated.
    • Courts protect fundamental constitutional principles even when not in a written constitution.

    EU Membership and Parliamentary Sovereignty

    • ECA 1972: EU law entered UK law and has a higher precedence.
    • Factortame case: EU law supremacy, in some cases, overrides national law, including Acts of Parliament.
    • This event is seen as a challenge to Parliamentary sovereignty, by some.
    • Ellen Street Estates: Parliament can alter previous acts through implied or express repeal.
    • Jackson: Parliament can change the rules of recognition (how laws are made), which challenges the concept of absolute sovereignty.
    • Anisminic: Courts uphold the rule of law and can review decisions exceeding the scope of legal authority.
    • Factortame: Courts can grant injunctions against Acts of Parliament on the basis of EU law supremacy.
    • Thoburn: There are "constitutional statutes" that cannot be implicitly repealed.
    • HS2: Courts can consider the hierarchy of constitutional principles when interpreting statutes.
    • Miller: Courts recognize EU law as a distinct source of domestic law, but there are differing views on whether Parliament can alter the relationship via the prerogative.
    • Cart: Judicial review can still operate, even with a statute regulating a specific procedure.
    • Privacy International: Courts can intervene in cases where an ouster clause might be used in an overly broad manner.
    • Evans: Courts will uphold statutory intent but should have a degree of flexibility to interpret legislation in light of the rule of law.
    • Unison: Parliamentary sovereignty is connected to access to justice.
    • LA (Albania): The courts can be bound by statutory limitations for certain topics.

    Key Questions on Parliamentary Sovereignty

    • Can Parliament bind its successors?
    • What are the limits on Parliament's power to legislate?
    • How does EU law interact with Parliamentary sovereignty?
    • How does the presence of a codified constitution impact parliamentary sovereignty in different jurisdictions?
    • What is the role that courts should have in interpreting and enforcing the scope of Parliamentary sovereignty?

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    Description

    This quiz explores the concept of parliamentary sovereignty, focusing on its implications, criticisms, and theoretical foundations as discussed by HWR Wade. It also examines significant legislative changes and the relationships between Parliament, courts, and constitutionalism. Test your understanding of these key legal principles!

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