Public Law Summary Lecture 5

5 & 6 - Supremacy of Parliament

• What does it mean?
  • Dicey Definition
  • Common law concept: 17th century struggle between crown + parliament culminating in the revolution, and Bill of Rights 1689.

• How does parliamentary supremacy assert itself?
  • Acts of parliament - developed enrolled act rule. 
    • Edinburgh v Dalkeith (no court can enquire into the mode in which..)
    • Pickin v British Railway Board (idea that a court is entitled to disregard a provision....strange to anyone.....knowledge of the history and law of our constitution)

• How acts of parliament have shown themselves to be supreme:
  • Unlimited legislative competence
  • Override constitutional conventions 
    • Madzimbamuto v Lardner-Burke
  • Override royal prerogative
    • Fixed Term Parliament Act
    • R v Sec of State for Exiting European Union (EU notification of withdrawal act)
  • Override international law
    • Cheney v Conn (tax assessment, geneva convention) 
    • War Damages Act
  • Acts of parliament can operate retrospectively
    • Burmah Oil Co v Lord Advocate (War Damages Act applied retrospectively removing the right to compensation). 

• Express Repeal
  • a later act expressly states on its face that it repeals provisions of an earlier act - Burmah.
• Implied Repeal
  • a later statute will impliedly repeal the contents of an earlier statute to the extent of any inconsistency between them - Ellen Street Estates v Minister of Health. 

• Limitations on parliamentary supremacy which contradict its traditional definition:

• Practical and political considerations (unpopularity and devolution)
  • Scotland Act 1998/2016 s28(8) ony legislates on devolved matters with consent. 
  • Government of Wales Act 1998/2006 - 2006 gave them power. 
  • Northern Ireland Act 1998 - power-sharing exective. 

• Domestic limitations:
  • Acts of Union- cannot be repealed bc parliament enacting provisions is no longer in existence in the same form. 
    •  McCormick…