• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

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

Extracts from this document...


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.


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.


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.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Sources of Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Sources of Law essays

  1. Law case study

    The Matrimonial Homes (Family Protection) (Scotland) Act 1981, is also applicable to Family Law where this legislation ensures each individual is offered the best service provision in a fair and empowering manner and not discriminated against, creating equality for all.

  2. "The main aims of the Land Registration Acts were to give certainty to title ...

    Taken from a Lord Chancellor's Department press release; Land registration bill receives second reading, 3rd July 2001. 8 Law Of Property Act 1925, Settled Land Act 1925, Trustee Act 1925, Administration Of Estates Act 1925, Land Charges Act 1925, Land Registration Act 1925.

  1. Parliamentary supremacy

    The UK parliament continues to legislate in excepted and reserved areas which unless the Northern Ireland Act 1998 is amended will remain under the Westminster Parliaments control. It is argued that devolution is not evidence of the fragmentation of parliamentary supremacy.

  2. "In form, the Human Rights Act (HRA) is compatible with parliamentary sovereignty. In practice, ...

    clear, the court could still achieve a meaning that complied with the Convention (Alder, 2005). Greer (1999) has criticised section 4 for giving the judiciary the power to issue declarations of incompatibility which, if Parliament fails to correct, will ultimately be open to challenge before the ECtHR.

  1. To what extent do you think these aims have been (or will be) facilitated ...

    interest itself, therefore the effect of overreaching is to convert the interest into the proceeds of sale. Some interests are neither registrable nor overreachable and are termed 'residual interests' are remain subject to the old doctrine of notice. Registered land, introduced by legislation of 1862 and 1875, provided only for

  2. Evaluate the extent to which the Human Right Act 1998 is consistent with the ...

    and the Court must disapply United Kingdom legislation if it conflicts with Community law.14 The Human Rights Act 1998 maintains legislative sovereignty as a matter of form, by empowering the upper courts to disapply an Act of the Parliament, which is incompatible with the Convention Right.

  1. Critically evaluate the partial defence of Provocation.

    since the previous to take this evidence into account was the principal ground for ordering a retrial. In the retrial of R v Humphreys (1995) a psychiatric report was not taken into account as a characteristic for the 'reasonable man' because the judge told the jury to exclude it.

  2. Assess the constitutional significance of the decision of the House of Lords

    international terrorists in a way that discriminates on the ground of nationality or immigration status. They echoed doubts already expressed by the Committee of Privy Counsellors established to conduct a review of the Act and by the Parliamentary Joint Committee.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work