Questions

1. What does parliamentary sovereignty mean?
2. Outline Dicey’s description of parliamentary sovereignty.
3. Explain the idea that no Parliament may bind a successor.
4. How does the doctrine of implied repeal operate?
5. Do UK judges have the authority to set aside an Act of Parliament?
6. What is the rule of recognition?
7. Can Parliament create entrenched statutes?
8. Are the devolution Acts repealable?
9. What is meant by (a) continuing and (b) self-embracing sovereignty?

Answers

1. The legislative supremacy of parliament i.e. there is no competing body with equal or greater law-making power and no legal limits on parliament’s legislative competence. Parliament has the right to make or repeal any law, and cannot prevent a future parliament from doing the same.
2. Parliament can make or unmake any law, no parliament can bind its successors, and no one has the legal authority to override or set aside an Act of Parliament.
3. No individual parliament can make laws which restrict future parliaments. Each parliament is free to make laws and repeal earlier statutes without being restricted by earlier parliaments e.g. an Act which states that it cannot be repealed.
4. Where a statute contradicts an earlier statute but does not expressly repeal it, the courts will apply the provisions from the most recent statute (except for constitutional statutes).
5. No, although they could disapply a statute that conflicted with directly applicable EU law while the UK was a member of the EU.
6. Parliament’s legislative authority comes from the judges’ recognition of Parliament as sovereign and having legislative supremacy.
7. In legal theory, no, but in practical terms, there are certain statutes which would be difficult to repeal for political or other reasons. Parliament can choose to limit its sovereignty.
8. Yes, the devolution Acts are legally repealable but political reality may make this difficult.
9. (a) Continuing parliamentary sovereignty is the orthodox, traditional view that Parliament cannot redefine itself permanently and any statute attempting to do this could be repealed by a future Parliament; (b) self-embracing sovereignty means that Parliament can redefine itself because each Parliament is sovereign and whatever it enacts is law—as long as the Act giving effect to those changes was validly passed.