Chapter 7 Self-test questions

Parliamentary supremacy is an expression that explains that the Westminster Parliament is legally ________ to pass, amend or real any law it wishes to.

Dicey's theory of parliamentary sovereignty contained a number of key principles. Please select all that apply from the options below.

Parliament is the supreme law-making body and it may enact laws on any subject matter.

No Parliament may be bound by a previous Parliament or may bind a future Parliament.

No person or body, including a court of law, may questions the validity of Parliament's enactments.

Parliament has supreme law-making powers as long as Parliament legislates in conformity with EU law provisions.

Prior to the 'modern' constitutional settlement in 1689, there is judicial authority that "when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the _____________ will control it, and adjudge such an Act to be void". Consequently Parliament was not the supreme law-maker and judges ruled on the validity of Acts of Parliament.

Some scholars argue that Dicey's theory needs to be amended to take into account the fact that a Parliament may bind future parliaments as regards the way that law is to be made, although a Parliament cannot bind future Parliaments as to the content of future law.

True

False

The case of Madzimbamuto v. Lardner-Burke is evidence for which of the following propositions?

That the ECHR is binding on the UK and Acts of Parliament must conform to the ECHR, if the law is to be considered valid law.

That the Westminster Parliament was not legally entitled to pass law that was designed to have an effect in Rhodesia/Zimbabwe.

That EU law is hierarchically superior to a British Act of Parliament.

That Parliament may enact law on any subject matter to apply to anyone it chooses and no court can hold that Act of Parliament to be invalid.

In the case of Thoburn v Sunderland City Council, Lord Justice Laws distinguishes between two kinds of Acts of Parliament for the purposes of express and implied repeal. Which ones are they, and why does he make the distinction?

Domestic Acts of Parliament and International Acts of Parliament

Constitutional statutes and secondary legislation.

Constitutional statues and general statues.

Primary legislation and secondary legislation.

There are two main ways by which the courts recognise that an Act of Parliament has been amended or repealed. Please match each with their definition.

Parliament indicates explicitly in a piece of legislation what words, phrases or sections in an earlier piece of legislation are to be replaced or repealed. Judges apply the law accordingly.

Judges apply the provisions of a more recent Act where they contradict the provisions of an earlier one. This gives effect to the principle that each new Parliament is free to enact any law it wishes, even if Parliament has not indicated this.

What is said by Sir Barnett Cocks to be 'the sole justification for the present privileges of the House of Commons'?

That privilege is one of the benefits associated with being an MP or Peer

That privilege is part of our ancient history of deference in favour of the ruling classes (including the aristocracy)

That privilege is required to protect Parliament from the power of the executive

That privilege is essential to maintain Parliament's authority and role.

What are the two principal components of parliamentary privilege?

Parliamentary self-governance and the requirement that MPs have two homes, one in their constituency and one in London

Parliamentary self-governance and the right to regulate the executive

Freedom of speech during proceedings in Parliament and parliamentary self-governance

Freedom of speech during proceedings in Parliament

Many countries will operate one of two main systems of supremacy. Please match the system with its definition.

There is a form of law higher than primary legislation, which is considered to be authoritative and determinative. Any primary legislation that offends against this higher source of law may be declared unconstitutional and may in some circumstances be disapplied or invalidated.

The legislature is accorded the supreme law-making power. Primary legislation cannot be invalidated by the courts on the ground that it does not conform to a higher domestic form of law.

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