parliamentary supremacy Watch

rebeccael28
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what's the effect of the European Union on parliamentary sovereignty?

what's the effect of the Human Rights Act 1998 on parliamentary sovereignty?

what does devolution mean?

what's the effect of devolution on the doctrine of parliamentary sovereignty?
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3121
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Preparing for GOV&P mocks?
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rebeccael28
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(Original post by zayn008)
Preparing for GOV&P mocks?
no, already had them before christmas break...just struggling with this topic, need to have a thorough understanding for my AS exam in May.
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999tigger
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Have you done any research at all?
Show us how far you have got and what it is you are struggling with.
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rebeccael28
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(Original post by 999tigger)
Have you done any research at all?
Show us how far you have got and what it is you are struggling with.
yes, i've don't past papers and made revision cards

for the effect of the european union on parliamentary sovereignty i've found out about the treaty of rome (1957?) which if the founding Treaty of the European economic community. I am just unsure as to how to answer this question if it came up in my exam in May. would it be possible to tell me, if i am correct on this, is the case, Ex part Factortame No 2?

as for the effect of the human rights act on parliamentary sovereignty, I am unaware of anything for this question...all I know is the human rights act is an act of parliament which incorporates the european convention on human rights into UK domestic law. I don't know how to link this into an essay based question.

devolution i know is the transfer of delegated power to a lower level of administration.
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999tigger
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(Original post by rebeccael28)
yes, i've don't past papers and made revision cards

for the effect of the european union on parliamentary sovereignty i've found out about the treaty of rome (1957?) which if the founding Treaty of the European economic community. I am just unsure as to how to answer this question if it came up in my exam in May. would it be possible to tell me, if i am correct on this, is the case, Ex part Factortame No 2?

as for the effect of the human rights act on parliamentary sovereignty, I am unaware of anything for this question...all I know is the human rights act is an act of parliament which incorporates the european convention on human rights into UK domestic law. I don't know how to link this into an essay based question.

devolution i know is the transfer of delegated power to a lower level of administration.

Honestly google is your friend.

With PS and the EU it is how do reconcile PS with sipermac of EU law.

https://publiclawforeveryone.com/201...-be-sovereign/


what's the effect of the Human Rights Act 1998 on parliamentary sovereignty?


What is it? Where does it come from? How does it work? What does that mean for UK statutes (how they are interpreted)? What does that mean for PS?

http://www.lawteacher.net/free-law-e...law-essays.php

what does devolution mean?

Simple google search usee definition + devolution. Add BBC if you want a news story.

what's the effect of devolution on the doctrine of parliamentary sovereignty?

If you understand what each of them is then you can appreciate what the effect of one on the other is.

http://www.academia.edu/4715666/Does...ry_Sovereignty

http://www.peterjepson.com/law/UK-5%20Macken.pdf


Have you got yourself a revision book with model answers in. You might find that most useful as it will be picthed at the level you need.
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rebeccael28
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(Original post by 999tigger)
Honestly google is your friend.

With PS and the EU it is how do reconcile PS with sipermac of EU law.

https://publiclawforeveryone.com/201...-be-sovereign/


what's the effect of the Human Rights Act 1998 on parliamentary sovereignty?


What is it? Where does it come from? How does it work? What does that mean for UK statutes (how they are interpreted)? What does that mean for PS?

http://www.lawteacher.net/free-law-e...law-essays.php

what does devolution mean?

Simple google search usee definition + devolution. Add BBC if you want a news story.

what's the effect of devolution on the doctrine of parliamentary sovereignty?

If you understand what each of them is then you can appreciate what the effect of one on the other is.

http://www.academia.edu/4715666/Does...ry_Sovereignty

http://www.peterjepson.com/law/UK-5%20Macken.pdf


Have you got yourself a revision book with model answers in. You might find that most useful as it will be picthed at the level you need.
thank you for your help, i will look into getting one of those.
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3121
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(Original post by rebeccael28)
no, already had them before christmas break...just struggling with this topic, need to have a thorough understanding for my AS exam in May.
Oh, this was actually one of my favourite topics. Just think of it like this, parliament in theory is free to do whatever it likes but over time constitutional changes like joining the EU and the HRA have limited parliament to what it can do. For example, The Data Retention and Investigatory Powers Act (Dripa) 2014 was deemed illegal under EU law and arguably a violation of human rights so although it passed through parliament (who in theory is the supreme law marker) it was overturned by EU bodies. There are many examples but all the question wants you to do is
1) explain what parliamentary sovereignty is
2) explain what devolution/hra/eu is and the effects it has on our 'uncodifed constitution' (they love that term)
3) make points about the effects, e.g why is it good? Why is it bad? Is it more or less democratic/representative? Does it give or take legitimacy from parliament? Without them, would parliament have too much authority resulting in a tyrannical government?
4) conclude. Say what it's done, say if it's positive or negative and finally if conclude if it's more or less democratic and make sure you point out due to the uncodifed constitution, parliament still remains sovereign. It can revoke devolution and exit the EU, at a big cost tho. (I can imagine dissolving the Scottish parliament would lead to huge support for independence)

I'd argue that going up the ladder like the EU is less democratic and less representative but stops parliament overstepping the freedom of the people.
And I'd argue that going down (devolution) is more democratic and representative. Not sure if I've gone into enough detail but this is literally most of what you need to know.
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