Constitutional Principles of P. Sup
Dicey’s Parl. Supremacy principle:
- 1. P can make/unmake any law
- 2. No person has the right ton override or set aside leg. (rule of law)
- 3. P cannot bind future Ps.
1. Legislative Supremacy and International Law:
- International law does not restrict the leg. supremacy of P.
- International treaties do not limit the powers of P, and is only incorporated into
national law if it is enacted in legislation by P.
2. Doctrine of implied repeal:
- Where one Act is inconsistent with a previous act, the latter becomes the binding
legislation on the area of law.
- For constitutional statutes issues arise due to the nature of the law –
“Constitutional or fundamental statutes cannot be subject to implied repeal”
(Thoburn v Sunderland CC [2002] 1 CMLR 50).
3. Cannot bind successors:
- Traditionally no entrenched pieces of legislation in the UK to enable full P
supremacy – limiting leg. powers would go against the concept.
3 Models to explain as to why P can entrench in some instances:
- P. Sov as a constitutional fixture (Rule of Recognition):
o Orthodox view means there are no entrenched leg. in the UK – Wade
believed all Acts were legally equal, so none can be made harder to
repeal than others.
o Entrenchment/Sovereignty paradox arises, but can be explained by self-
embracing sovereignty (P’s powers include the ability to destroy
sovereignty) or continuing sovereignty (cannot destroy own sovereignty
so cannot entrench legislation – Wade).
o Powers of P arguably originate from the Glorious Revolution 1688 where
the rule of recognition was introduced – a political agreement between
the 3 bodies to embrace the will of P.
o Rule would only be changed if the courts were to refuse the will of
Parliament through not recognising an Act.
Dicey’s Parl. Supremacy principle:
- 1. P can make/unmake any law
- 2. No person has the right ton override or set aside leg. (rule of law)
- 3. P cannot bind future Ps.
1. Legislative Supremacy and International Law:
- International law does not restrict the leg. supremacy of P.
- International treaties do not limit the powers of P, and is only incorporated into
national law if it is enacted in legislation by P.
2. Doctrine of implied repeal:
- Where one Act is inconsistent with a previous act, the latter becomes the binding
legislation on the area of law.
- For constitutional statutes issues arise due to the nature of the law –
“Constitutional or fundamental statutes cannot be subject to implied repeal”
(Thoburn v Sunderland CC [2002] 1 CMLR 50).
3. Cannot bind successors:
- Traditionally no entrenched pieces of legislation in the UK to enable full P
supremacy – limiting leg. powers would go against the concept.
3 Models to explain as to why P can entrench in some instances:
- P. Sov as a constitutional fixture (Rule of Recognition):
o Orthodox view means there are no entrenched leg. in the UK – Wade
believed all Acts were legally equal, so none can be made harder to
repeal than others.
o Entrenchment/Sovereignty paradox arises, but can be explained by self-
embracing sovereignty (P’s powers include the ability to destroy
sovereignty) or continuing sovereignty (cannot destroy own sovereignty
so cannot entrench legislation – Wade).
o Powers of P arguably originate from the Glorious Revolution 1688 where
the rule of recognition was introduced – a political agreement between
the 3 bodies to embrace the will of P.
o Rule would only be changed if the courts were to refuse the will of
Parliament through not recognising an Act.
