Rascacielos
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I'm a first year law student and am trying to do some pre-reading to get a head start. I've come across the case Jackson v HM Attorney General and as my textbook is as clear as mud, I don't understand why it was decided that the 1949 Parliament Act was valid, thus confirming the validity of the Hunting Act 2004.

Could someone explain to me, very simply, what happened?

Thanks
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Rascacielos
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Bump!
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Maicccccmannnn
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(Original post by Rascacielos)
I'm a first year law student and am trying to do some pre-reading to get a head start. I've come across the case Jackson v HM Attorney General and as my textbook is as clear as mud, I don't understand why it was decided that the 1949 Parliament Act was valid, thus confirming the validity of the Hunting Act 2004.

Could someone explain to me, very simply, what happened?

Thanks
It was argued that the Hunting Act 2004 was an invalid form of legislation, because the legislation used to pass it through Parliament - the Parliament Act 1949 - was itself invalid.

The 1949 Act was alleged to be invalid because:

-the 1949 Act was not passed through all chambers of Parliament, and therefore it only amounted to 'delegated legislation'. Delegated legislation cannot be used to extend or restrict any other powers. Because the the 1949 Act was used to further a power - that is, to further the power to restrict Hunting in the UK, the power it furthered, and the legislation which furthered it (the Hunting Act), was invalid.

-the 1949 Act was enacted using the 1911 Act, and the 1949 Act furthered the power contained within the 1911 Act. It was argued that the 1911 Act never conferred upon Parliament the power to enact legislation which would further its powers in the 1911 Act. Therefore because the 1911 Act was used to further the powers contained within the 1911 Act, the Act which did further those powers was invalid.

The House of Lords rejected both of these arguments:

a) the 1949 Act was not delegated legislation

b) the 1911 Act did not restrict Parliaments power to further the powers contained within the 1911 Act

Therefore the 1949 Act was valid and the legislation which resulted from it - the Hunting Act - was also valid.

Sorry if all this is a megga head ****, I hope this helps.
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Howbeit
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" It was argued that the 1911 Act never conferred upon Parliament the power to enact legislation" What does this exactly mean? 'conferred upon parliament'?
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yipi135
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YOU, MAN, ARE A HERO. Thanks so much.
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LR19student
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Life saver
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