Sovereignty of Parliament


The key implications of the sovereignty of Parliament; historical background; Dicey and sovereignty; the Queen in Parliament; the nature, extent and validity of the UK Parliament’s law making competence; can the courts ever question the validity of an Act of Parliament; Parliamentary sovereignty and politics; the doctrine of sovereignty of parliament and the devolved legislatures.

Decisions referred to include: Whaley v. Lord Advocate 2000 SC 340; Jackson v. Attorney General (2005); MacCormick v. Lord Advocate (1953) and R (HS2 Action Alliance) v. Sec of State for Transport (2014 (“the HS2 case”); R v. Sec of State for Transport, ex parte Factortame (No 2) (1990); Burmah Oil v. Lord Advocate (1963); Pickin v. British Railways Board (1974); the HS2 case (2014); R v. Home Secretary, ex parte Simms (1999); Osborn v. Parole Board (2013); Att Gen (NSW) v. Trethowan (1932); Vauxhall Estate Ltd v. Liverpool Corporation (1932); R (Miller) v. Sec of State for Exiting the EU (2017).

Statutes referred to include: Parliament Acts 1911-49; the Human Rights Act 1998; The Treaty and Acts of Union 1706/1707; Statute of Westminster 1931; European Communities Act 1972; Scotland Act 1998

Duration: 38 minutes (approximately)
Lecturer: Denis Edwards

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