Chapter 9 Guidance on answering the exam questions

‘The Evans case clearly shows that the judiciary, not Parliament, has ultimate decision-making authority on legislation in the UK constitution.’ Critically discuss whether this is an accurate view, or whether Parliament is still sovereign.

This requires close analysis of the Evans case.

  • Define and outline parliamentary sovereignty and the rule of law. What do they require?
  • Explain the issues raised in the Evans case (you will need to read the judgments).
  • How did they lead to a tension between rule of law and parliamentary sovereignty?
  • Did all members of the court support a weaker view of parliamentary sovereignty?
  • What are the views of academic commentators on the case?
  • What could happen where rule of law prevails over parliamentary sovereignty?
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