8. The sovereignty of Parliament

2019 ◽  
pp. 111-126
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Eu Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; the implications of EU law for parliamentary sovereignty and the end of the supremacy of EU law when the UK exits the European Union.

8. The sovereignty of Parliament

2017 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Eu Law ◽  
Statutory Interpretation ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the purposive approach to statutory interpretation; and the implications of EU law for parliamentary sovereignty.

6. Parliamentary sovereignty

2021 ◽  
pp. 81-93
Author(s):  
Colin Faragher
Keyword(s):  
Human Rights ◽  
Legislative Process ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Definition Of

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of parliamentary sovereignty, AV Dicey’s views concerning parliamentary sovereignty, the jurisdiction of the courts, whether the substance of an Act of Parliament can be challenged, the enrolled bill rule; whether the jurisdiction of the court over an Act of Parliament can be enlarged; the rule in Pepper v Hart; entrenchment clauses; prospective formula; the effect of the Human Rights Act 1998; the devolution of the legislative process.

Public Law Concentrate

2021 ◽  
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Human Rights ◽  
Separation Of Powers ◽  
Public Law ◽  
The European Union ◽  
Essential Information ◽  
Parliamentary Sovereignty ◽  
The Status ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.

3. Sources of English Law

2017 ◽  
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter discusses the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

3. Sources of English Law

2019 ◽  
pp. 41-74
Author(s):  
Lucy Jones
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Eu Law ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
English Law ◽  
The Uk ◽  
The Eu

This chapter discusses the sources of English law, legislation, custom, case law, and EU law. It includes detail of how an Act of Parliament is created, an explanation of delegated legislation, and how legislation is interpreted by the courts. In considering case law, the importance of judicial precedent and how the system of precedence functions is fully explained. The chapter also discusses the major institutions of the EU including the jurisdiction of the Court of Justice of the European Union. The sources of EU law, treaties, regulations, directives, and decisions are outlined. The chapter outlines the 2016 referendum and the position of EU law in the UK during the negotiation period for the UK’s exit from the EU and the likely impact of the UK’s exit from the EU. Detail is given of the rights protected under the European Convention on Human Rights and Fundamental Freedoms and the impact of the Human Rights Act 1998.

9. The European Union and Brexit

Public Law ◽  
2020 ◽  
pp. 355-396
Author(s):  
Mark Elliott ◽  
Robert Thomas
Keyword(s):  
European Union ◽  
Legal System ◽  
Lessons Learned ◽  
Eu Law ◽  
The European Union ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
The Eu

This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.

Public Law

2018 ◽  
Author(s):  
John Stanton ◽  
Craig Prescott
Keyword(s):  
Human Rights ◽  
Central Government ◽  
Separation Of Powers ◽  
Public Law ◽  
European Convention ◽  
The European Union ◽  
Parliamentary Sovereignty ◽  
Interesting Approach ◽  
Human Rights Act ◽  
The Uk

Public Law provides an interesting approach to constitutional and administrative law. Topics include: the UK constitution; the institutions of government and the separation of powers; the rule of law; Parliamentary sovereignty; and Parliamentary sovereignty, the European Union, and Brexit. It also looks at the Crown and the royal prerogative; central government; Parliament; and devolution and local government. Next it presents a number of judicial reviews in the following: illegality, irrationality and proportionality, and procedural impropriety. Finally, it considers administrative justice; the European Convention on Human Rights and the Human Rights Act; and human rights in the UK.

5. Brexit

2021 ◽  
pp. 100-120
Author(s):  
Anne Dennett
Keyword(s):  
European Union ◽  
European Economic Community ◽  
Eu Law ◽  
The European Union ◽  
Economic Community ◽  
European Economic ◽  
The Public ◽  
Parliamentary Sovereignty ◽  
The Uk ◽  
Domestic Law

This chapter discusses UK membership of the European Union and the Brexit process. On 1 January 1973, the UK became a member of the European Economic Community, and the UK Parliament passed the European Communities Act 1972, allowing directly applicable European laws to take effect as part of UK domestic law which had an impact on parliamentary sovereignty. In the 2016 Brexit referendum, a narrow majority of the public voted in favour of leaving the European Union and the European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972 on exit day when the UK left the European Union. Brexit has made significant changes to the UK constitution including the creation of a new body of retained EU law in UK domestic law, an impact on devolution, and raising the question of whether it has been a sufficient constitutional moment to trigger a codified UK constitution.

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