LEGISLATIVE SUPREMACY OF PARLIAMENT : 1

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• Introduction and Scope of Lectures
• Definition of Legislative Supremacy
• Ultimate Legislative Authority
• Comparison with USA

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• History of Supremacy
• Situation pre-1688
• Dr. Bonhams Case (1610) 8 Co Rep 114
• Case of Proclamations (1611) 12 Co Rep 74
• Importance of Glorious Revolution

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• A V Dicey Introduction to the Study of the Law
  of the Constitution. (1885)
• "Parliament has under the English constitution,
  the right to make or unmake any law
  whatever and further that no person or body is
  recognised by the law of England as having a
  right to override or set aside the legislation of
  Parliament."
• Positive and Negative Aspect

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• Three things to note about Diceys theory
• 1. Date and novelty.
• 2. Constitutional Status
• 3. Theory of legal not political validity see
  Madzimbamuto v. Lardner-Burke 1969 1 AC 695.

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• Positive Aspect no limit on the subject-matter
  of legislation.
• Illustrated by reference to 3 different areas.
• 1. Act of Union with Scotland
• 2. Constitutional Reform
• 3. Statutes which conflict with international
  law.

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• 1. The Act of Union with Scotland
• MacCormick v. Lord Advocate 1953 Sc 396
• Gibson v. Lord Advocate (1975) SLT 134
• See now Scotland Act 1998.

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• 2. Constitutional Reform
• Parliament Acts 1911-1949 see R (Jackson and
  ors) v. A/G 2005 EWCA Civ 126
• European Communities Act 1972 - see Blackburn v.
  A.G. 1971 1 WLR 137.
• House of Lords Act 1999

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• 3. Statutes which conflict with international law
• Duallist Approach
• Mortensen v. Peters (1906) 14 SLT 227.
• Cheney v. Conn 1968 1 All ER 779.
•  

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• The Enrolled Act Rule
• Edinburgh Dalkeith Railway v. Wauchope (1842)
• A-G for New South Wales v. Trethowan 1932 AC
  526 (PC)
• Pickin v. British Railways Board 1974 AC 765.

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LEGISLATIVE SUPREMACY OF PARLIAMENT 1

• Summary and analysis of Position under Diceys
  Theory.
• Why do people continue to challenge the validity
  of Acts of Parliament?
• Is Dicey still relevant?