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The most conventional meaning of the 'legislative supremacy of Parliament' was adopted by Dicey

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Introduction

The most conventional meaning of the 'legislative supremacy of Parliament' was adopted by Dicey1 who described it by: ''(N) either more nor less than this, namely, that parliament thus defined as, under the English constitution, the right to make or unmake any law whatsoever; 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.'' The unlimited legislative authority consisted of the Queen, the HL2 and the HC3. In terms of Dicey's explanation, the principle of legislative supremacy had both negative and positive aspects. On the negative aspect, it meant that there was 'no person or body of person who can....make rules which override or derogate from an Act of Parliament'. Alternatively, the positive aspect, it meant that all acts of Parliament and whatever their purpose, would be acted upon by the courts. Wade committed his attention to the basis of legal sovereignty. According to Wade, it was to be found in the rule that the courts obey Acts of Parliament. Furthermore he argued that 4; ''It [Parliamentary supremacy] is the law because it is the law, and for no other reason than it is possible for the law itself to take notice of. ...read more.

Middle

could be tied so that it could not subsequently enact provisions inconsistent with the 1919 Act was contrary to the principle of the UK constitution. No Act of Parliament could effectively provide that no future Act shall interfere with its provisions. Following on from this, the scope for legislating would become progressively reduced as later Parliaments would be bound by the laws made by earlier Parliaments. Eventually a point might be reached at which there was little need for further enactment since the statute book was full of unrepealable laws. Accordingly, the doctrine of implied repeal prevents this from happening by holding that in the event of inconsistency between two Acts, which is the most recent expression of Parliaments will and legislative intent prevails. The legislative supremacy of Parliament has also been affected by the UK's membership of the EC. This raises important constitutional questions as to how that membership can be reconciled with the legislative supremacy of Parliament. A case on Factortame (No 2); R v Secretary of state for Transport 6. The companies were incorporated under UK law. Between them, they owned 95 deep sea fishing vessels. They were registered as British under the Merchant Shipping Act 1984 and could be allotted part of the UK's quota under the EC Common Fisheries Policy. ...read more.

Conclusion

But it preserves the sovereignty of the legislature and he flexibility of our uncodified constitution. It accepts the relation between legislative supremacy and fundamental rights is not fixed or brittle: rather the courts (in interpreting statutes, and now, apply the HRA) will pay more or less defence to the legislature, or other public decision-making, according to the subject in hand'. Thus, it would seem that in the light of the decision in Hunt, constitutional statutes such as the European Communities Act 1972 and the Human Rights Act 1998 are not immune from express repeal, but that they are, contrary to the constitutional orthodoxy in respect of ordinary statututes immune from implied repeal. In conclusion, it is extremely important to understand the legislature supremacy of Parliament in terms of the United Kingdom, as suggested by Dicey and the judicial obedience. Furthermore the United Kingdom's constitution is affected considerably by the development in the field of EC Law and human rights. 1 A.V Dicey, Introduction to the Study of the Law of the Constitution (London: Macmillam, 1959) 2 House of Lords 3 House of Commons 4 Wade, H W R 'The Legal Basis of Sovereignty' [1955] CLJ 172 5 Lord Woolf 'Droit Public - English Style' [1995] PL 57 6 R v Secretary of State for Transport, ex p Factortame Ltd (No 2) (1991) ?? ?? ...read more.

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