7. Parliamentary Supremacy

2021 ◽  
pp. 185-224
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme law-making power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

7. Parliamentary Supremacy: the theory

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
House Of Commons ◽  
Legal Power ◽  
House Of Lords ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Parliamentary supremacy means that the Westminster Parliament is legally entitled to pass, amend, or repeal any law it wishes. Consequently, if the House of Commons and the House of Lords pass the legislation and the monarch gives her royal assent, then no court or other body has the legal power to declare the legislation invalid. This explains why the term ‘parliamentary supremacy’ has been coined: (the Queen in) Parliament holds the supreme lawmaking power in the UK. This chapter sketches the history leading to parliamentary supremacy. It discusses the theories behind the doctrine of parliamentary supremacy; restrictions on the power of Parliament; how parliamentary supremacy compares with constitutional supremacy; and how parliamentary supremacy fits with the separation of powers and the rule of law.

3. The Nature of the British Constitution

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Legal Power ◽  
Wide Range ◽  
Constitutional Reforms ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and thus is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.

3. The Nature of the British Constitution

2021 ◽  
pp. 49-74
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Judicial Review ◽  
Legal Power ◽  
Wide Range ◽  
Constitutional Reforms ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter outlines the characteristics of the UK constitution, which is not a traditional written constitution and, thus, is defined as an ‘unwritten’ constitution. It is not hierarchically superior to all other law in the country, which means that Acts of Parliament cannot be compared with it by judges and be declared as unconstitutional and invalid. Neither can the UK constitution be enforced against the legislature as a result, nor is it entrenched and protected, because it can always be changed by Act of Parliament. However, it can be legally enforced by the mechanism of judicial review against the executive, meaning that the executive may legally act only within its legal power. The chapter also considers the sources that make up the UK constitution and proposed constitutional reforms.

5. The Separation of Powers

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
Wide Range ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Distribution Of Power ◽  
The Uk ◽  
And Function ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The separation of powers is a theory or a doctrine that describes how a state organizes the distribution of power and function between its different branches. It is often used as an umbrella term to denote the extent to which the three ‘powers’ in, or branches of, the state are fused or divided—that is, the legislative, the executive, and the judicial powers. This chapter begins by sketching the history of the separation of powers in the UK. It then discusses the purpose of the separation of powers; the similarities and differences between different theories of the separation of powers; the impact of recent constitutional reform on the operation of the separation of powers in the UK; how courts have interpreted the separation of powers; and the relevance of the separation of powers today including in the context of the balance of power between the executive and Parliament as regards the UK’s decision to exit the EU.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

1. What is Public Law?

2021 ◽  
pp. 3-16
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
Public Law ◽  
The State ◽  
Immigration Law ◽  
Wide Range ◽  
Responsible Government ◽  
Executive Action ◽  
Complete Series ◽  
Explanatory Text ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter provides an introduction to public law. Public law regulates the relationships between individuals (and organisations) with the state and its organs. Examples include criminal and immigration law and human rights-related issues. Public law is made up of a number of key principles designed to ensure a healthy, representative, law-abiding country that strikes a balance between the needs of the state and the needs of its citizens. Each of these principles is discussed in turn: the rule of law, separation of powers, representative democracy, supremacy of Parliament, limited and responsible government, and judicial review executive action by the courts.

10. Devolution and Parliamentary Supremacy

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Northern Ireland ◽  
Governing Body ◽  
Scottish Parliament ◽  
Wide Range ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Devolution can be defined as the conferral of powers by a central governing institution on a regional or national governing body, without the central institution having to concede legislative supremacy. Such devolved powers can be administrative, executive, or legislative in nature. The process of devolving such powers to three of the UK’s four nations—England, Scotland, Wales, and Northern Ireland—was initiated by the passing of the Devolution Acts of 1998. This chapter begins by tracing the history of devolution, and then discusses the ways that power can be devolved, and the roles and powers of the Scottish Parliament, Welsh Assembly, and the Northern Ireland Assembly. It addresses the question of whether there should there be an English Parliament, and finally, examines the effects of devolution on parliamentary supremacy as well as the effects the UK’s exit from the EU may have on the devolution settlement too.

3. Sovereignty and sources of law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Eu Law ◽  
Eu Integration ◽  
Eu Membership ◽  
Legislative Procedures ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Uk ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter examines the principle of sovereignty of EU law and how the judicial application of the sovereignty principle has advanced EU integration. The chapter specifically considers the impact of EU membership on the UK’s sovereignty and how the principle has been applied by the UK courts. The chapter also discusses EU competences and the attribution of powers to the EU; the application of the principle of subsidiarity; the sources of EU law; and EU legislative procedures.

5. The Separation of Powers

2021 ◽  
pp. 114-144
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Separation Of Powers ◽  
The European Union ◽  
Wide Range ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Distribution Of Power ◽  
The Uk ◽  
And Function ◽  
The Impact

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. The separation of powers is a theory or a doctrine that describes how a state organizes the distribution of power and function between its different branches. It is often used as an umbrella term to denote the extent to which the three ‘powers’ in, or branches of, the state are fused or divided—that is, the legislative, the executive, and the judicial powers. This chapter begins by sketching the history of the separation of powers in the UK. It then discusses the purpose of the separation of powers; the similarities and differences between different theories of the separation of powers; the impact of recent constitutional reform on the operation of the separation of powers in the UK; how courts have interpreted the separation of powers; and the relevance of the separation of powers today, including in the context of the balance of power between the executive and Parliament as regards the UK’s decision to exit the European Union.

8. Membership of the European Union

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
European Union ◽  
The European Union ◽  
Eu Membership ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Parliamentary Supremacy ◽  
The Uk ◽  
The Impact ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter, which provides an overview of the relationship between the European Union and the UK, and the impact of this relationship on Parliament’s legislative supremacy, begins by considering the nature of the EU and the sources of EU law. It then examines how EU membership affects the UK legal order, and its implications for parliamentary supremacy, and also discusses what the reform of the EU means for parliamentary supremacy. It considers, briefly, the impact of different Brexit options on the UK’s constitutional framework.

Sign in / Sign up

Export Citation Format

Share Document