Doctrine of parliamentary supremacy

• What is the doctrine of parliamentary supremacy also known as?

  The doctrine of parliamentary sovreignty
• Who gave the definition for parliamentary supremacy?

  Dicey
• What were the three main points Dicey made in relation to parliamentary supremacy?


  1 . Parliament can legislate on any subject-matter

  2 . No Parliament can be bound by any previous Parliament

  3 . No other body has the right to override or set aside an Act of Parliament
• What was the first point Dicey made in relation to parliamentary supremacy?


  Parliament can legislate on any subject matter
• What was the second point Dicey made in relation to parliamentary supremacy?


  No Parliament can be bound by any previous Parliament
• What was the third point Dicey made in relation to parliamentary supremacy?


  No other body has the right to override or set aside an Act of Parliament
• Parliament can legislate on any subject matter

  No limits - can also change its powers (Parliament Acts 1911 and 1949)
• No Parliament can be bound by any previous Parliament

  Parliament should be free to make or change what they wish
• No other body has the right to override or set aside an Act of Parliament

  Even where the Act may have been made because of incorrect information (British Railways Board v Pickin)
• What are the three limitations on Parliament's supremacy?

  Human Rights Act 1988 - s4

  Devolution

  EU membership (up until 2020)
• What are the advantages of law-making in Parliament?

  Democratic

  Public can vote out government

  Delegated legislation gives others power

  Can reform whole areas (Fraud Act 2006)

  Will have been consultation

  Thorough discussion

  Certain; cannot be challenged
• What are the disadvantages of law-making in Parliament?

  Parliament doesn't always have time (Assault still awaiting reform)

  Takes months

  Allows little time for Private Members' Bills

  Acts = very long and complex

  Law becomes complex with amendments