Important: When can the house of lords disregard primary legislation? Watch
- Thread Starter
- 18-12-2010 00:30
- 18-12-2010 05:11
The Supreme Court can disapply primary legislation only when it is incompatible with EU law. The Supreme Court can make a declaration that primary legislation is incompatible with the ECHR, but the Act of Parliament will still be enforced. They can also find that a piece of delegated legislation is incompatible with the ECHR, and that because of an Act of Parliament that legislation cannot be interpreted differently by the court.
From a more theoretical perspective, you might consider the obiter dicta in R (Jackson) v A-G, with regard to whether the court could refuse to apply a piece of legislation because it exceeded Parliament's legitimate authority or violated fundamental rights (eg, by revoking any judicial capacity for reviewing legislation). That's a hypothetical question, though.
- 18-12-2010 05:21
I actually don't think this thread is very important at all.
- 18-12-2010 12:44
There is a slightly longer and more complicated version os that answer, but basically they can't