Parliamentary Sovereignty

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  • Created by: Jemina
  • Created on: 10-04-17 13:22
When was Parliamentary sovereignty established?
It was established in 1689 by the Bill of Rights
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What is Parliamentary sovereignty?
It means that Parliament is the supreme legal authority in the UK, which can create or end any law.
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What is Dicey's theory of Parliamentary sovereignty?
1. Parliament has unlimited power to make any law. 2. Nobody can question the validity of Parliament. 3. No Parliament can bind any future Parliaments.
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What is a limit on Parliamentary sovereignty?
Acts of Parliament can be overruled by EU law.
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Describe the case of Factortame
Spanish fishermen claimed that the Merchant Shipping Act of 1988 was against EU law because it forbade non Brits from fishing in UK waters. The ECJ ruled that if EU and UK laws conflicted, the UK law would be suspended
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What case first established the sovereignty of EU law?
Costa v Enel in Italy (1964). The claimant opposed nationalisation of the electricity sector (as he thought it was against the constitution) so refused to pay his electric bill. It was ruled that EU law is supreme over national law of member states.
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What effect does the Human Rights Act (1998) have on UK law?
The Human Rights Act (1998) requires all UK law to comply with the European Convention of Human Rights.
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What is S19 of the Human Rights Act?
S19 requires a minister to make a statement to Parliament on a piece of proposed legislation's compatibility with the Human Rights Act.
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Card 2

Front

What is Parliamentary sovereignty?

Back

It means that Parliament is the supreme legal authority in the UK, which can create or end any law.

Card 3

Front

What is Dicey's theory of Parliamentary sovereignty?

Back

Preview of the front of card 3

Card 4

Front

What is a limit on Parliamentary sovereignty?

Back

Preview of the front of card 4

Card 5

Front

Describe the case of Factortame

Back

Preview of the front of card 5
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