Parliamentary Sovereignty
Functions:
- Sovereign legislative body w/ constitutionally ultimate & legally unlimited
power to make law
- Scrutinises official conduct & hold gov accountable
Dicey:
‘Parl has the right to make or unmake any law whatever… no person or body is
recognised by law as having right to override or set aside.’ (Intro to Study of Law &
Constitution)
Influence - ‘iconic status in UK public law’ (Karahagn)
‘Dicey’s conception of legislative supremacy has become so ingrained amongst
english lawyers.’ (Allan)
Parl can make any law:
- Inc. far reaching constitutional changes
- E.g. smoking on streets of Paris is criminal (W.I Jennings 1959)
- E.g. Blue eyed babies put to death (Stephenson 1959)
Courts cannot strike down an act:
Courts reject this possibility (Edinburgh Railway v Wauchope).
International law is subject to an act (Mortenson v Peters).
PS is the legally unlimited power in the UK; based on history of parl taking over the
crown. Not a rule created by judicial decisions but by legal & political reality
recognised in case law.
British Railway Board v Pickin - owned land next to a railway station, would obtain
if abandoned. British Railways act 1968 was passed; Pickin said parl was
fraudulently misled.
R (Jackson) v Attorney General - Hunting act 2004 banned hunting w/ dogs. Passed
using parl act 1949 w/o approval of HoC.
Why do we still have PS?
- Legally unlimited law; limited by politics, democracy, morality &
practicality.
- Dicey called this the difference between legal & political law.
- Ensures constitutional primacy of democratic decisions.
- HC is directly elected; judiciary unelected so is unrepresentative.
- Justifies absence of legal limits on law making powers (M. Gordon, PS in UK
Constitution)
- PS is an access point for understanding nature of UK court.
- Transmits a symbolic message about potential legitimacy of the UK court.
- Democratic justification; signs that traditional approach may be changing.
Functions:
- Sovereign legislative body w/ constitutionally ultimate & legally unlimited
power to make law
- Scrutinises official conduct & hold gov accountable
Dicey:
‘Parl has the right to make or unmake any law whatever… no person or body is
recognised by law as having right to override or set aside.’ (Intro to Study of Law &
Constitution)
Influence - ‘iconic status in UK public law’ (Karahagn)
‘Dicey’s conception of legislative supremacy has become so ingrained amongst
english lawyers.’ (Allan)
Parl can make any law:
- Inc. far reaching constitutional changes
- E.g. smoking on streets of Paris is criminal (W.I Jennings 1959)
- E.g. Blue eyed babies put to death (Stephenson 1959)
Courts cannot strike down an act:
Courts reject this possibility (Edinburgh Railway v Wauchope).
International law is subject to an act (Mortenson v Peters).
PS is the legally unlimited power in the UK; based on history of parl taking over the
crown. Not a rule created by judicial decisions but by legal & political reality
recognised in case law.
British Railway Board v Pickin - owned land next to a railway station, would obtain
if abandoned. British Railways act 1968 was passed; Pickin said parl was
fraudulently misled.
R (Jackson) v Attorney General - Hunting act 2004 banned hunting w/ dogs. Passed
using parl act 1949 w/o approval of HoC.
Why do we still have PS?
- Legally unlimited law; limited by politics, democracy, morality &
practicality.
- Dicey called this the difference between legal & political law.
- Ensures constitutional primacy of democratic decisions.
- HC is directly elected; judiciary unelected so is unrepresentative.
- Justifies absence of legal limits on law making powers (M. Gordon, PS in UK
Constitution)
- PS is an access point for understanding nature of UK court.
- Transmits a symbolic message about potential legitimacy of the UK court.
- Democratic justification; signs that traditional approach may be changing.
