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Parliament can pass laws on any subject. True or false.

Parliament is a democratic body. Tue or false.

EU doesn't have supremacy over parliamentary law. True or false.

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Your homework is to: post to this padlet page

:http://padlet.com/maxine_brim/dl14nov

Follow the instructions on that page.  Due in tomorrow 14 November

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AV Dicey

- Defined Parliamentary Supremacy in 1885.

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The effect of the Human Rights Act 1998 on parliamentary supremecy

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The effect of the Human Rights Act 1998 on parliamentary supremecy

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London School of Economics and Political Science

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University of London International Programmes

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The Doctrine of Parliamentary Sovereignty

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Lecture 3 Part 5 : The Human Rights Act and Parliamentary Sovereignty

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ppt presentation for

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Devolution

- Scotland Act 1998

- Government of Wales Act 1998

- Gave Scotland and Wales the right to make their own

laws without consulting Westminster.

- On subjects such as education, does not include things

such as defence.

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Devolution

Scottish parliament and welsh assembly can pass their own laws in their own respective countries in regards to matters regarding education. Scotland act 1998 and government of Wales act. The UK parliament can still revoke these acts and regain its sovereignty. The UK still retains power to make laws in these areas egarding defence which affect the whole of the UK

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Human Rights Act 1998

- Doesn't have much power over Parliament.

- Courts have most power to say the legislation doesn't

fit with HRA, but cannot change it; any amendments

must be done by Parliament.

- There is no specific requirement that legislation must

comply with the HRA, but they must declare whether it does.

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EU

- All UK laws must comply with those in the EU.

- EU laws overrule UK ones (and Parliamentary

Supremacy).

- Domestic Courts have to suspend legislation while

they wait for a ruling from the ECJ (European Court

of Justice). (Ex parte Factortame No2 1991.)

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EU

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The human rights act, has an effect which means all UK law has to comply with the human rights act. No law passed in UK law may conflict with or oppose or be passed without adhering to the human rights act. Laws that do conflict with the human rights can be quashed in court or reuse to apply subordinate legislation and my make a declaration of incompatibility in respect to an act of parliament.

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Your next task is to:

Research limitations on PS:

Membership of EU
Effect of HRA 1998

Devolution

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EU law on parliamentary supremacy ;

EU law has supremacy over UK legislation; UK parliament cannot pass a law that conflicts with the EU law, when a piece of UK legislation is directly in conflict with EU law the UK court must follow the EU law.

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Watch this clip ......

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Parliament have passed laws that limit Parliamentary Supremacy:

- Allowing power to bodies such as the Scottish Parliament and Welsh Assembley

- The Human Rights Act 1998

- UK's entry to EU (1972) (EU overrules)

-Decision to establish UK Supreme Court (2009)

These do not undermine the principle of Parliamentary Supremacy, as they  can

retract any of these laws.

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Parliamentary supremacy means that parliament can pass any law on any matter or any topic.

Validity of parliamentary cannot be questioned or impeached by anybody, including the court, the church or the monarchy.

Parliament cannot pass laws that bind future parliaments, i.e. cannot pass law that cannot be changed by future parliaments.

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Judges that have cases where the EU law contradict parliamentary law they follow the parliamentary law because it is their job to follow the laws made by parliament like in the Cheney V Conn case (1968)

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1689 - THE BILL OF RIGHT - deemed parliament to be the supreme law maker.

Parliament was to be freely elected every 3 years.

The law made by parliament in the form of an act is more superior than any form of law.

EXCEPTION THE RULE:
- European law
- the law of the European convention on human rights

THE CONDITIONS OF PARLIMANTERY SUPREMACY
- parliament can make laws on any topic it wishes
- existent and future uk legislations must comply with eu laws
- parliaments cannot bind themselves by future parliaments

EFFECTS OF MEMBERSHIP OF THE EU

The UK joined the EU in 1973.

To become a member the parliament passed the European Communities Act 1972.

EU laws take priority over English law. This was shown by the Merchant Shipping Act 1978.

EFFECT OF THE HUMAN RIGHTS ACT 1998.

This states that all acts of parliament have to be comfortable with European convention in Human Rights.

It impossible to challenge an act on the grounds that it does not comply with convention.

Under section 4 of the Human Rights Act the courts have the power to declare an act incompatible with the convention.

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- Makes Parliament the supreme legal authority in the UK that

can create or end any law.

- Bill established in 1689 that allows supremacy of Parliament over the Crown,

called 'Constitutional Monarch'.

- Courts cannot overrule its legislation.

- No Parliament can pass laws that future Parliaments cannot change.

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Parliamentary  supremacy is where any laws made by parliament that contradict the rules made by other authority figures, in this country, outweigh these ruand have supremacy over them on court.