Parliamentary sovereignty

• Parliamentary sovereingnty

  Idea that parliament is sovereign or supreme
• Parliament can change any law it creates
• Parliament cannot bind its successors (future parliaments)
• Parliamentary sovereignty

  
  

  -no limit on legislative power

  -Only sovereign with the bounds of law

  -Mornarch wields no power

  -Parliament has supremacy over the crown

  -No geographical limits and Temporal limits (can pass forward looking legislation)

  -Mornarch is bound to accept advice from the prime minister
• Political sovereignty

  Agreement struck between the sovereignty and the people to exercise power
• Legal sovereignty

  Power to determine what counts as law
• Blackstone comments

  1. Parliament can alter the line of succession to the throne
  2. Parliament can change the established religion of a country
• Rule of Law


  Power may only be exercised in accordance with the law
• R (on the application of unison) v Lord Chancellor


  Supreme court quashed the lords Chancellors increase in employment tribunal fees
• HRA and Europeans Communities Act

  Gave the courts greater scope to challenge Acts of parliament
• Dicey


  Dicey believed that law should be certain and there should be no room for discretion
• Importance of access to justice -Unison V Lord Chancellor

  Protection under common law - Osborn v Parole Board

  procedural Fairness - Ridge v Baldwin
• Formal Rule Of Law

  1. Structural
  2. Legal procedure
  3. Raz
• Substantive Rule Of Law

  1. Outcomes
  2. Protected individual rights
  3. Fair
  4. Dworkin