L.3 Supremacy Parliament

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Questions and Answers

What is the main feature of parliamentary supremacy?

Parliament has unlimited legal power to enact any law. (correct)

Parliament is subordinate to the Executive.

Parliament must consider fairness and justice in lawmaking.

Parliament’s power is limited by international law.

Which of the following challenges to parliamentary supremacy is NOT mentioned?

Parliament is subordinate to the Executive.

The courts have the final say on legislation. (correct)

International obligations restrict supremacy.

Scottish devolution undermines the doctrine.

What does the doctrine state regarding the ability of one Parliament to bind a future Parliament?

A future Parliament may inherit existing laws.

Parliaments can impose limitations on future legislation.

No Parliament can bind a future Parliament. (correct)

A Parliament can create binding rules for its successors.

According to the doctrine, which of the following is true about courts and statutes?

Courts must obey any law made by Parliament. Signup and view all the answers

What does the 'dual sovereignty' concept imply?

The courts give meaning to legislation, showing a balance of power. Signup and view all the answers

In which case did the House of Lords explicitly hold that courts must obey any law made by Parliament?

Pickin v British Railway Board (1974) Signup and view all the answers

What is a characteristic of the parliamentary supremacy doctrine regarding laws and international law?

Parliament can enact laws conflicting with international obligations. Signup and view all the answers

What limits the acceptance and enforcement of parliamentary supremacy?

It depends on political and social acceptance. Signup and view all the answers

What is implied repeal in the context of legislative acts?

A later Act always prevails in case of conflict. Signup and view all the answers

What must all statutes be interpreted in a manner compatible with according to the Human Rights Act 1998?

European Convention on Human Rights (ECHR). Signup and view all the answers

Which rule requires assent from the three institutions for an Act of Parliament?

The Enrolled Act rule. Signup and view all the answers

Which act restricts the House of Lords' ability to refuse consent to a bill passed by the Commons?

Parliament Acts 1911 and 1949. Signup and view all the answers

In Pickin v British Railways Board (1974), what was established regarding the courts' jurisdiction?

Courts cannot enquire into internal affairs of the House of Commons. Signup and view all the answers

Which of the following statements about primary legislation is true?

Courts have no authority to question primary legislation. Signup and view all the answers

What does the term 'constitutional acts' refer to?

Acts that require explicit intention for repeal by Parliament. Signup and view all the answers

Which case accepted the principle of the Supremacy of EU law?

Factortame (No.2). Signup and view all the answers

What was the main implication of the Costa v ENEL (1964) ruling?

Member States have limited their sovereign rights to create binding laws. Signup and view all the answers

What significant change to UK constitutional arrangements does the Miller v SS Exiting the EU (2017) decision highlight?

Parliamentary legislation is necessary for significant constitutional changes. Signup and view all the answers

What does the principle of parliamentary supremacy fundamentally assert?

Parliament has the unlimited legal power to enact any law. Signup and view all the answers

Which characteristic indicates that Parliament cannot limit future Parliaments?

Constitutional autonomy is reserved for each parliament. Signup and view all the answers

In the context of parliamentary supremacy, what is implied by the term 'ouster clause'?

It protects decisions from being challenged in court. Signup and view all the answers

What does Ghaidan v Godin-Mendoza support regarding dual sovereignty?

Mutual respect is essential between sovereignty bodies. Signup and view all the answers

Which of the following provides a check on the doctrine of parliamentary supremacy?

Acceptance by political entities and public opinion. Signup and view all the answers

What was established in the landmark case of Cheney v Conn (1968) regarding international law?

Parliament remains supreme even when laws conflict with international law. Signup and view all the answers

What does 'political reality' contribute to regarding parliamentary supremacy?

Challenges the absolute authority of Parliament. Signup and view all the answers

How must courts interpret statutes according to the established principles in parliamentary supremacy?

Following statutes even when they conflict with fundamental rights. Signup and view all the answers

What does the principle of implied repeal state regarding conflicts between two Acts?

The later Act takes precedence over the earlier Act. Signup and view all the answers

Which of the following is a limitation on the courts' ability to question primary legislation?

Courts must respect acts that have received assent. Signup and view all the answers

Which statute requires that all legislation must be interpreted in a manner compatible with the ECHR?

Human Rights Act 1998 Signup and view all the answers

In the context of UK law, what defines 'constitutional acts'?

Acts requiring explicit intent for repeal by Parliament. Signup and view all the answers

What does the case of Thoburn v Sunderland City Council signify regarding 'constitutional acts'?

It established that constitutional acts cannot be easily repealed. Signup and view all the answers

Which of these statements about parliamentary privilege is true according to Pickin v British Railways Board (1974)?

Courts have no jurisdiction over internal matters of the House of Commons. Signup and view all the answers

What does the term 'secondary legislation' refer to in the context of the UK legal system?

Legislation that is subject to judicial review. Signup and view all the answers

What principle was recognized in the case of Factortame (No.2)?

The supremacy of EU law is acknowledged. Signup and view all the answers

What role does the European Communities Act 1972 play in the UK legal system?

It requires UK courts to give effect to EU laws. Signup and view all the answers

Which characteristic of parliamentary supremacy emphasizes that no body can question the legal validity of laws made by Parliament?

Parliament's legislative autonomy Signup and view all the answers

What does the principle of parliamentary supremacy imply about the enforcement of statutes in relation to international law?

Statutes always prevail over international law. Signup and view all the answers

Which statement accurately reflects the concept of dual sovereignty in relation to parliamentary supremacy?

Courts interpret laws but are bound to follow parliamentary statutes. Signup and view all the answers

Which of the following cases reinforced that the courts cannot examine whether laws are made in good faith?

Pickin v British Railway Board Signup and view all the answers

In what way does parliamentary supremacy ensure that future Parliaments are unaffected by past legislations?

Each Parliament possesses absolute legislative autonomy. Signup and view all the answers

What is the effect of ouster clauses in the context of parliamentary supremacy?

They seek to limit judicial review of certain decisions. Signup and view all the answers

Which challenge to parliamentary supremacy involves the notion that certain political realities may diminish its strength?

Devolution of powers to regions Signup and view all the answers

Which statement best describes the role of the courts in relation to the dual sovereignty of Parliament?

Courts interpret legislation but are bound to follow Parliament's will. Signup and view all the answers

In the event of conflicting Acts, which Act takes precedence when interpreting legislation?

The later Act Signup and view all the answers

Which statement accurately describes the Enrolled Act rule?

A court can disregard any document that does not appear to have received assent. Signup and view all the answers

What does the Human Rights Act 1998 require concerning the interpretation of statutes?

All statutes must be interpreted in a way compatible with the ECHR where possible. Signup and view all the answers

Which of the following descriptions fits the concept of 'Parliamentary Privilege'?

Allows Parliament to enforce its own internal rules without external interference. Signup and view all the answers

In relation to Parliamentary Supremacy, what does the term 'express repeal' signify?

A statute can only be repealed if explicitly stated in the new legislation. Signup and view all the answers

Which legislative body is restricted from refusing consent to bills passed by the Commons under the Parliament Acts?

The House of Lords Signup and view all the answers

What is the primary difference between primary and secondary legislation in the UK?

Primary legislation cannot be challenged in court, while secondary legislation can be. Signup and view all the answers

Which court case established the acceptance of the principle of the Supremacy of EU law?

Thoburn v Sunderland City Council Signup and view all the answers

Which act illustrates the principle that underlying conventions can regulate the operation of statutory laws?

The Parliament Acts 1911 and 1949 Signup and view all the answers

In the context of statutory interpretation, what does it mean if a statute is said to be 'compatible' with the ECHR?

The statute aligns with the guarantees and rights provided by the European Convention on Human Rights. Signup and view all the answers

Study Notes

Parliamentary Supremacy

Doctrine Definition: A constitutional principle asserting Parliament's unlimited legal power to enact any law. This includes the Crown, House of Commons, and House of Lords.
Main Feature: Parliament (Crown, House of Commons, and House of Lords) holds unlimited legal power to make any law. No limitations.
Features:
- No inherent limitations (political, economic, moral).
- Enforcement relies on widespread acceptance and common law tradition.
Challenges:
- Parliament is subordinate to the executive.
- International obligations restrict Parliament's power.
- Political realities (e.g., devolution) undermine the doctrine.
- Judicial interpretation of legislation.

"Dual Sovereignty"

Concept: Parliament's supremacy alongside the courts' role in interpreting legislation, with the courts ultimately subordinate to Parliament (rules of interpretation).
Doctrine Origin: Derived from common law.
Illustrative Cases:
- Anisminic Ltd v Foreign Compensation Commission (1969): Highlighted limitations of ouster clauses enabling courts to review legality.
- Hamilton v Al Fayed: Introduced "mutuality of respect between two constitutional sovereignties."
- Ghaidan v Godin-Mendoza: Further illustrated the relationship.
Ouster Clauses: Limits on Parliament's power, as shown in Anisminic.

Specific Characteristics

Legislative Power: Parliament has the right to create and abolish any law. No other body can challenge the law's legality.
No Binding Precedent: One Parliament cannot limit a future Parliament.
Theoretical Freedom: Legislation doesn't require consideration of fairness, justice, or practicality.

Freedom and Limitations of Legislation

Court Obligation: Courts are bound by any statute, even if conflicting with international law (Cheney v Conn) or fundamental civil liberties (R v Jordan).
Parliamentary Procedural Aspects: Courts cannot assess the motives or procedure of Parliament. (Pickin v British Railways Board (1974)).

Limits of Judicial Review on Legislation

Pickin v British Railways Board (1974): Courts must apply all laws, regardless of apparent motives or procedures; cannot assess Parliament's good faith or procedure.
No External Override: Neither the European Court of Human Rights or the European Court of Justice can invalidate an Act of Parliament. In a conflict, the statute prevails.
Exceptions: Parliament can authorize another body to override statutes (e.g., European Communities Act 1972).

Parliamentary Autonomy and Implied Repeal

Successive Parliaments: Each parliament enjoys absolute legislative autonomy; future Parliaments are not limited.
Implied Repeal: An earlier Act cannot amend or repeal a later Act.
Conflict Resolution: Courts endeavour to interpret legislation harmoniously, with later Acts prevailing.
Examples:
- Thoburn v Sunderland City Council: Highlighted special status of legislation (Metric Martyrs' case).
- Human Rights Act 1998, Sec. 3 (1): Requires consistent interpretation with the ECHR.

Acts of Parliament and their Creation

Enrolled Act Rule: Courts must accept valid acts with apparent institutional assent.
Inter-Institutional Rules: Conventions and statutes govern Parliament's three branches (Crown, HOC, HOL).
Internal Rules: Internal House procedures and voting mechanisms are not reviewable. (Jackson v AG)
Examples:
- Manuel v A-G (1983),
- Parliament Acts 1911 and 1949 limiting Lords' power,
- Jackson v AG and internal procedural matters impacting the courts/parliament roles,
- Pickin v British Railways Board (1974). Courts cannot scrutinize Parliamentary affairs nor internal decisions.

Non-Legislative Instruments

House of Commons Resolutions: Lacks legislative supremacy.
Prerogative Treaties: Not superior to legislation.

Primary vs. Secondary Legislation

Primary: Unassailable by courts in terms of validity.
Secondary: Susceptible to judicial review.

Challenges to Parliamentary Supremacy (External Factors)

Rule of Law: Supremacy is not absolute.
European Union: The European Communities Act 1972 gave primacy to EU law.
Human Rights Act: Required UK law interpretation consistent with the European Convention on Human Rights.
International Law: Courts are bound by statutes, even if in conflict with international law.

Specific EU Legal Influence

European Communities Act 1972: EU law attained higher status than UK law in designated areas.
Costa v ENEL (1964): Established EU law's supremacy over national laws.
Factortame (No.2): UK acknowledged EU law supremacy.
Thoburn v Sunderland City Council: Recognized some fundamental laws superseding others.

Express Repeal

Miller v SS Exiting the EU (2017): Major constitutional shifts require specific parliamentary legislation, not ministerial action.

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Description

Explore the constitutional doctrine of Parliamentary Supremacy, which empowers Parliament to enact laws without inherent limitations. Understand the challenges this supremacy faces from political realities and international obligations, alongside the courts' role in interpreting legislation through the concept of Dual Sovereignty.