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Public Law - Sovereignty of Parliament

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    Hey guys, I have a PL exam coming up soon and in need of some quick advice. I just want to know if the way I've briefly planned to answer the below exam question is sufficient or I have missed something vital out. Tried all three of my lecturers but none have got back to me and it's been a month now. Anyway, any help would be much appreciated. Thanks

    Does the Sovereignty of Parliament, as formulated by Dicey, still apply to the United Kingdom?

    a) Parliament can make or unmake any law
    -Mortensen v Peters : Courts will recognise and enforce Acts of Parliament that apply outside UK territory
    -Bowles v Bank of England: if an Act of Parliament lacks the proper form, i.e. the three assents, then it is no Act of Parliament.
    -Chester v Bateson: Refused to allow government officials to pass secondary legislation that interfered with access to the courts, Parliament would never have allowed it.
    -Cheney v conn: UK Legislation has precedence over EC law
    -Hoffman La Roche: Courts can declare subordinate legislation if the minister who did so acted out of the legislative powers and ultra vires by reason of its contents or by reason of defects in the procedure
    -Jackson v AG: Possible for acts of parliament to be inacted withouth going through the process of HoC, HoL and Royal Assent

    b) parliament cannot bind its successors and will not be bound by its predecessors.
    Each parliament is supreme in its own right and any successor is more supreme than the last

    Vauxhall: Later provisions must be regarded as being impliedly overridden by the inconsistent provisions of a later Act.
    Ellen: Parliament to enact that in a subsequent statute dealing with the same subject matter there can be no implied repeal
    Factortame: UK Legislation cannot discriminate against EU nationals.

    c) no other body is competent to challenge the validity of an Act of Parliament
    Pickin: Courts cannot disregard a provision in an Act of Parliament on any ground
    Jackson v AG: Legislation passed using the Parliament Acts is not subordinate legislation but primary legislation

    2. Limitations on PS
    s2(4) ECA 1972: UK Acts of Parliament shall have effect subject to directly applicable EC Law
    HRA 1998:
    s3: Unlawful for any public body to act in a way which is incompatible with the Convention, unless they have no other choice but to follow UK legislation.
    s6(1): Unlawful for any public authority to act in a way which is incompatible with a Convention right, if so, s8: Must grant a relief or remedy
    s2: Judges must consider decisions of the ECJ and interpret legislation so that it is compatible with the Convention.
    s4: Again if it is not possible to interpret an Act of Parliament so as to make it compatible with the Convention, they cannot override it. (Also fastrack solution s10)

    Van Gend: Established that EU Regulations become directly applicable without implementation by MS and Individuals could enforce a Treaty obligation.
    Costa v ENEL: Established the Supremacy of EU law. Questions whether subsequent national law can override the treaty but decides that it cannot
    Handelsgesselschaft: Conflict between EU law and the German Basic Law (the German constitution), the ECJ stated that the EU law must take precedence over any conflicting domestic law regardless of the nature of that law.
    Simmenthal: Duty to set aside provisions of national law which are incompatible with Community law.
    Factortame: Duty on national courts to secure the full effectiveness of Community law, even where it is necessary to create a national remedy where none had previously existed. The House of Lords accepted supremacy of EU law in this case.

    Finally discuss Convention Rights


    Thanks again

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Updated: May 28, 2012
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