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4 Cards in this Set
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Introduction Defined Developed |
Defined - classically by A.V Dicey - no legal restraint on Parliaments law-making powers, no body/person of constitution can question the validity of primary legislation Developed - in the 17th Century through struggle between Parliament and the Crown for supremacy - culminated in the Bill of Rights 1689 which removed powers of the monarch to arbitrarily suspend acts of Parliament |
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Supremacy in action Will of Parliament Enrolled Act |
Supremacy asserts itself through the will of Parliament - identified in the Acts of Parliament 1911 & 1949 Courts developed the ‘enrolled act’ rule where they will not question the validity of an Act of Parliament which has received Royal Assent |
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Supremacy in Action Unlimited competence of supremacy in support of Dicey’s view |
Statute may override conventions (madzimbambuto) Statute may override international law (Cheney) Statute may operate retrospectively (Burmah Oil Co) Statute may alter the constitution (Acts of Settlement) Statute will override Prerogative powers (Miller) |
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Supremacy in Action Parliament ‘Continuing’ Courts |
Parliament is ‘continuing’ in nature, a later Parliament can expressly repeal all or any previous acts if it so chooses Courts developed the doctrine of implied repeal - if a later statute is inconsistent with an earlier statute courts will impliedly repeal the earlier statute to the extent of the inconsistency (so long as it is not constitutional) |
