LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 Introduction and Scope of Lectures Definition of Legislative Supremacy Ultimate Legislative Authority Comparison with USA

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 History of Supremacy Situation pre-1688 Dr. Bonham’s Case (1610) 8 Co Rep 114 Case of Proclamations (1611) 12 Co Rep 74 Importance of Glorious Revolution

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 A V Dicey – Introduction to the Study of the Law of the Constitution. (1885) "[Parliament] has under the English constitution, the right to make or unmake any law whatever; 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." Positive and Negative Aspect

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 Three things to note about Dicey’s theory 1. Date and ‘novelty.’ 2. Constitutional Status 3. Theory of legal not political validity – see Madzimbamuto v. Lardner-Burke [1969] 1 AC 695.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 Positive Aspect – no limit on the subject-matter of legislation. Illustrated by reference to 3 different areas. 1. Act of Union with Scotland 2. Constitutional Reform 3. Statutes which conflict with international law.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 1. The Act of Union with Scotland MacCormick v. Lord Advocate 1953 Sc 396 Gibson v. Lord Advocate (1975) SLT 134 See now Scotland Act 1998.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 2. Constitutional Reform Parliament Acts 1911-1949 – see R (Jackson and ors) v. A/G [2005] EWCA Civ 126 European Communities Act 1972 - see Blackburn v. A.G. [1971] 1 WLR 137. House of Lords Act 1999

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 3. Statutes which conflict with international law ‘Duallist’ Approach Mortensen v. Peters (1906) 14 SLT 227. Cheney v. Conn [1968] 1 All ER 779.  

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 The Enrolled Act Rule Edinburgh & Dalkeith Railway v. Wauchope (1842) A-G for New South Wales v. Trethowan [1932] AC 526 (PC) Pickin v. British Railways Board [1974] AC 765.

LEGISLATIVE SUPREMACY OF PARLIAMENT : 1 Summary and analysis of Position under Dicey’s Theory. Why do people continue to challenge the validity of Acts of Parliament? Is Dicey still relevant?