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Report Thread starter 6 years ago

I am revising more my exam (soon!) and i am looking through lecture slides and i have come across one entitled practical limitations to Parliamentary sovereignty. I don't quite understand them. (Listed below) can anyone give me any advice?

(1) Giving Away Territory
  • The Statute of Westminster 1931
  • Madzimbamuto v Lardner Burke
  • Lord Reid says that just because something is unconstitutional i.e. Morally or politically wrong, it “does not mean that it is beyond the power of Parliament to do such things.” British Coal Corp v The King

(2)Legislating beyond the United Kingdom, beyond Jurisdiction
  • Giving effect to international treaties.

(3)Changing the Composition of Parliament
  • Reform Acts 1832 and 1876 House of Lords Act 1999 Parliament Acts 1911 and 1949

(4) Altering the Constitution
  • Human Rights Act 1998
  • EU Treaties including The Treaty of Rome, The European Communities Act 1972
  • Thoburn v Sunderland City Council Held, that Acts affecting the legal relationship between citizen and State or fundamental constitutional rights are immune from the doctrine of implied repeal.
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Report 6 years ago
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Report 6 years ago
There are three types of limitations which are usually discussed around parliamentary sovereignty: Limitations of form legislation passed must take; limitation on the manner o how it is passed or a limitation in substance which can be passed. Might be worth seeing if you can fit them into these categories, Thoburn constitutional statutes, for example, are a restriction of form since there must be express words in order to repeal them.

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