Understanding Parliamentary Sovereignty

In this lesson we shall be discussing a number of important issues within Constitutional Law. We shall begin by looking at the traditional view of Parliamentary Sovereignty, the effect of the doctrine of Implied repeal and the impact of the Parliament Acts of 1911 and 1949. We also look at the manner and form argument for Parliamentary Sovereignty. Finally we shall look at the impact that membership of the European Union, Devolution and the Human Rights Act 1998 had on the institution of Parliamentary Sovereignty.

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Statute Law Cited:

- Bill of Rights 1689
- Parliament Act 1911
- Parliament Act 1949
- Finance Bill 1909
- War Crimes Act 1991
- Government of Ireland Act 1914
- Welsh Church Disestablishment Act 1915
- The European Parliamentary Elections Act 1999
- Sexual Offences Act 2000
- The Hunting Act 2004
- Government of Wales Act 2006
- Scotland Act 1998
- Northern Ireland Act 1998
- European Communities Act 1972
- Merchant Shipping Act 1988

Case Law Cited:

-Dr Boham's Case
- Ex p Canon Selwyn 1872
- Madzimbamuto v Lardner-Burke 1969
- Ellen Streets Estates Ltd v Minister of Health 1934
- A-G for New South Wales v Trethowen 1932
- Minister for the Interior v Harris 1952
- Bribert Comr v Ranasinghe 1965
Jackson and Others v Attorney General 2005
- Whaley v Lord Watson of Invergowrie 2000
- Adams v Scottish Ministers 2004
- Martin v HM Advocate 2010
- Sinclair Collis Ltd v Lord Advocate 2012
- Factortame (No.2)
Ghaidan v Godin-Mendoza 2004

Sources:

N.Parpworth, 2014, "Constitutional & Administrative Law", Oxford, Core Text Series.

C.Faragher, 2018, "Public Law Concentrate", Oxford

Tags:

law, constitutional law, public law, tort law, eu law, criminal law, trusts law, contract law, family law, parliament, parliamentary sovereignty, implied repeal, law lecture, law lesson, constitutional law lesson, human rights act, devolution, brexit, european union, school, university, homeschooling, exams, law exams, politics, uk politics, a level politics, a level government and politics

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