Supremacy Doctrine: Absolute

[Flash Card 1 of 3]

• traditional approach / Dicey / Queen in Parliament / absolute supremacy

Traditional Authority

Bill of Rights 1689

• that the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament

Territorial effect

• Parliament can legislate outside UK (Mortensen v Peters)
• Presumption not outside UK / can be explicitly rebutted / domestic law prohibits torture by public official anywhere (Criminal Justice Act 1988s134(1))

Public International Law

• Can legislate contrary to international law / presumption not intend to do so (Mortensen v Peters)

Constitutional Conventions

• Statute may override / Lord Reid: only concerned legal power of Parliament (Madzimbamuto v Lardner-Burke)

Retrospective effect

• Acts may have retrospective effect / presumed not to intend to do so / War Damages Act 1965 / reversed HoL Burmah Oil v Lord Advocate

bits of law

Supremacy Doctrine: Absolute

[Flash Card 2 of 3]

Traditional Authority

Extending its own life

• Parliament Act 1911 5yr maximum / Fixed-term Parliament Acts 2011 provides 5yr fixed term / during wars parliaments lasted 9 & 10 yrs

The Crown

• No common law power to legislate (Case of Proclamations) / not set aside Acts (Bill of Rights 1689)

The Courts

• No general power to review / due to doctrine & unwritten constitution (Pickin v Britsih Railways Board)
• MPs expenses FOI / fundamental principle of our constitutional structures that Parliament should not normally be subject to judicial scrutiny or supervision. The House of Commons is answerable to its collective conscience and... to the electorate (Corporate Officer of the House of Commons v The Information Commissioner)
• Parliament can confer power on courts / Acts contrary to EU law

European Union

• EU law can override Acts / power given in European Communities Act 1972

bits of law

Supremacy Doctrine: Absolute

[Flash Card 3 of 3]

Practical limits

• Dicey accepted practical limits / internal & external

Public International Law

• Internal: represents UK / expected to respect international commitments
• External: infringes fundamental HR contrary ECHR / may be disobeyed by UK citizens

Constitutional Convention

• Internal: many designed ensure government does will of parliament / parliament unlikely to ignore
• External: necessary to functioning of parliament / cause constitutional crisis to ignore

Retrospective effect

• Internal: contradict rule of law / Dicey accepted two principles which pervade the whole of the English Constitution

Extending its own life

• Internal: undermine democratic values
• External: without good reason crest a constitutional crisis

bits of law