How to answer this Public Law question
The question is based on whether Parliament has been given excess power which allows them to grant whatever they wish. I have to assess whether this is true or not. Brief points would be helpful, I just can't get my head around the question. Thank you
This is a question on the balance between Rule of Law and Parliamentary Sovereignty.
I can't remember the case, but there is a judgement or academic paper where a LJ states that if Parliament were to act in a way so drastic, it would be for the Courts to respond in kind. For example - a law is passed stating all the firstborn should be executed. Even if this is passed, the Courts would refuse to implement it - which would of course spark a constitutional crisis.
Dicey has written many books on the question you are being asked. The Separation of Powers between the Executive and Parliament might also be worth touching on.
I can't remember the case, but there is a judgement or academic paper where a LJ states that if Parliament were to act in a way so drastic, it would be for the Courts to respond in kind. For example - a law is passed stating all the firstborn should be executed. Even if this is passed, the Courts would refuse to implement it - which would of course spark a constitutional crisis.
Dicey has written many books on the question you are being asked. The Separation of Powers between the Executive and Parliament might also be worth touching on.
(edited 7 years ago)
Original post by Mimir
This is a question on the balance between Rule of Law and Parliamentary Sovereignty.
I can't remember the case, but there is a judgement or academic paper where a LJ states that if Parliament were to act in a way so drastic, it would be for the Courts to respond in kind. For example - a law is passed stating all the firstborn should be executed. Even if this is passed, the Courts would refuse to implement it - which would of course spark a constitutional crisis.
Dicey has written many books on the question you are being asked. The Separation of Powers between the Executive and Parliament might also be worth touching on.
I can't remember the case, but there is a judgement or academic paper where a LJ states that if Parliament were to act in a way so drastic, it would be for the Courts to respond in kind. For example - a law is passed stating all the firstborn should be executed. Even if this is passed, the Courts would refuse to implement it - which would of course spark a constitutional crisis.
Dicey has written many books on the question you are being asked. The Separation of Powers between the Executive and Parliament might also be worth touching on.
Thanks a lot for clarifying what the question is asking and the extra details. Can I ask, what do you mean by the balance between Rule of Law and Parliamentary Sovereignty? I'm finding Public Law the most difficult to grasp so please forgive my somewhat basic questions
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