supremacy doctrine

• Who gave a widely recognised definition of Parliamentary Supremacy?

  Dicey
• What was Dicey's widely recognised definition of Parliamentary supremacy?

  1. Parliament can legislate on any subject matter.
  2. No Parliament can be bound by any previous Parliament, nor can a Parliament pass an Act that will bind a later Parliament.
  3. No other body has the right to override/set aside an Act of Parliament.
• Parliament can legislate on any subject matter:

  • There are no limits on what Parliament can make laws on, the Act of Settlement was passed which stated that the children of King James II couldn't succeed the throne.
  • Parliament can change its own powers. The Parliament Act 1911 and 1948 placed limits on the rights of the House of Lords to block a bill by voting against it.
• Parliament cannot bind its successor:

  • Each new Parliament cannot be bound by a law made by a previous Parliament and can appeal any previous Acts.
  • However some laws are important parts of British constitution and can't realistically be replaced. For example, the Act of Settlement 1700, after 300 years, this can't be repealed now.
• Parliament cannot be overruled by others:

  • This rule is kept even where the Act of Parliament may have been made because of incorrect information. No court is entitled to go behind an Act once it has been passed and a challenge cannot be made to an Act, even if there was fraud.
• What are the 3 limitations on Parliamentary Supremacy?

  1. The Effect of the Human Rights Act 1998
  2. Devolution
  3. EU Membership
• What does the Human Rights Act 1998 state?

  All Acts of Parliament have to be compatible with the European Convention on Human Rights. It's possible to change an Act on the ground that it doesn't comply with the Convention.
• Under s4 of the Human Rights Act, what do the courts have the power to do?

  Declare an Act incompatible with the Convention. However, a declaration of incompatibility doesn't mean the government has to change the law and if Parliament wishes, it can pass a new Act which contravenes the Convention.
• Which 2 Acts devolved powers to the Scottish and Welsh Parliaments?

  The Scotland Act 1998 and The Wales Act 1998
• What was the results of the Scotland and Wales Acts in 1998?

  The Scottish and Welsh Parliaments were able to male laws on some matters for their ow countries without having to get Parliament's approval.
• How did the Scotland and Wales Acts in 1998 affect Parliamentary supremacy?


  Parliament's supremacy has been lost in those areas. It's possible that a future Parliament could repeal these Acts, but this move would be very unpopular and would lose support for any political party which proposed it.
• How did EU membership limit Parliamentary supremacy?

  In 1973, Britain joined the EU, then in 2016, the British people voted in a referendum to leave the EU. While Britain is a member of the EU, there are limitations on Parliamentary supremacy as EU law takes priority over British law.