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Public Law

Public Law. Large Group 5. Outcomes:. Explain the meaning of the supremacy of Parliament Identify and analyse ways in which Parliamentary supremacy may be limited by political and practical considerations Evaluate case law in the context of the doctrine of Parliamentary supremacy.

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Public Law

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  1. Public Law Large Group 5

  2. Outcomes: • Explain the meaning of the supremacy of Parliament • Identify and analyse ways in which Parliamentary supremacy may be limited by political and practical considerations • Evaluate case law in the context of the doctrine of Parliamentary supremacy

  3. Parliamentary supremacy • Parliament can legislate on any matter that it likes • Parliament cannot bind its successors • No person or body can question an Act of Parliament

  4. Vote: Edinburgh v Dalkeith Railway Co v Wauchope (1842) 8 Cl & F 710. The court said: 1. The court couldn’t rule on the validity of the Act. 2. Normally the court couldn’t rule on the validity of an Act. But here, Parliament’s own rules had been broken: no notice given at Bill stage. Therefore the Act was invalid.

  5. Vote: Edinburgh v Dalkeith and Pickin. The court can’t investigate the circumstances of an Act being passed. Views? Chart Image Container

  6. Cheney v Conn (Inspector of Taxes) [1968] 1 All ER 779 National Law Finance Act 1964 Taxpayers must pay tax assessed International Law Geneva Convention Nations must not develop nuclear weapons The UK is breaking the Geneva Convention by using my tax money to develop forbidden nuclear weapons. So I’m not paying tax! Surely it’s more important for me to obey international law than national law?

  7. Vote: Ellen Street: Court of Appeal's reasoning? 1. ‘It would be unfair and unjust to the company to give it NO compensation – so we’ll use the provisions in the earlier Act. Those will ensure the company gets compensation.’ 2. ‘We will assume that anywhere the later Act and the earlier Act conflict with each other, the later Act prevails. So we should follow the later Act – no compensation!’ 3.‘There is no statement in the later Act to say that it repeals the earlier Act. So assume the earlier Act still stands – and the company gets compensation.’

  8. Limitations on Parliamentary Supremacy • Practical / Political considerations • Limitations imposed by domestic law • Limitations imposed by international law

  9. Limitations on Parliamentary Supremacy • Practical / Political considerations • Limitations imposed by domestic law • Limitations imposed by international law

  10. Outcomes: • Explain the meaning of the supremacy of Parliament • Identify and analyse ways in which Parliamentary supremacy may be limited by political and practical considerations • Evaluate case law in the context of the doctrine of Parliamentary supremacy

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