Escolar Documentos
Profissional Documentos
Cultura Documentos
Introduction
Legal Sovereignty
Political Sovereignty
Diceys 3 Principles
PS and Devolution
PS and Human Rights Act 1998
PS and Rule of Law
Introduction
Legal Sovereignty
i. House of Commons
ii. House of Lords (bear in mind of the Parliament Acts 1911 and
1949)
iii. The monarch (Royal Assent)
Political Sovereignty
- This acts as the pressure point so that UK Parliament does not act
mindlessly without considering the public outcry that might happen prior to
their actions.
- It is a form of check and balance to what the Parliament does as the right to
vote for MPs rests in the hands of the people.
Diceys 3 Principles
i. Parliament is the supreme law making body Can make/unmake any
law
ii. No Parliament may be bound by a predecessor or bind a successor
iii. No one can challenge/question the validity of an Act of Parliament
Lord Dunedin
c) R v Davies (2008)
Express Repeal
Newer act will prevail older act.
Implied Repeal
This doctrine works in the way where a court of law will apply newer
legislation instead of an older one.
Examples;
Examples;
Coke CJ:
Back then, judges still held the belief that the law of God or the law of nature
or natural justice prevailed any Act of Parliament, but the supremacy of
Parliament was demonstrated by the revolution of 1688, and thus this belief
became obsolete.
R v Jordan (1967)
- Claimant claimed that the Race Relations Act 1965 was invalid on the basis
it curtailed freedom of expression.
- Court held that it did not have power to question the validity of primary
legislation.
- Lord Scarman stated that statute law may not be disregarded merely
because it is unpalatable (unpleasant).
- House of Lords held that the function of the court was to apply Acts of
Parliament.
- HOL also reiterated that courts do not have the constitutional authority to
impugn or challenge the validity of Acts of Parliament.
1) Electorate
- Voted the current elected MPs
- This makes government accountable to them
- They have the power to overthrow the government throughout elections
2) International Relations
- UK is bound by international treaties that imposed restrictions on
governments freedom of actions; environmental protection, regulation on