Parliamentary Sovereignty, the Human Rights Act and the European Union

2013 ◽  
pp. 62-96
Keyword(s):  
European Union ◽  
Human Rights ◽  
The European Union ◽  
Parliamentary Sovereignty ◽  
Human Rights Act

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.

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.

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.

9. Interpreting Statutes

2019 ◽  
pp. 269-325
Author(s):  
James Holland ◽  
Julian Webb
Keyword(s):  
European Union ◽  
Human Rights ◽  
Golden Rule ◽  
The European Union ◽  
Statutory Interpretation ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter discusses statutory interpretation: the language used in a statute, the application of the language to the facts, or both. It covers the so-called rules of interpretation: the literal rule, the golden rule, the purposive rule, and the mischief rule, and why we still refer to them; examples of the ‘rules’ in action; secondary aids to construction; the use of Hansard; how judges choose to explain the construction they have placed on the statute; interpretation and the European Union; interpretation and the Human Rights Act 1998; interpreting secondary legislation; and an example of how to analyse a case on statutory interpretation.

Public Law

2020 ◽  
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; 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.

7. Protecting Rights

Public Law ◽  
2019 ◽  
pp. 194-238
Author(s):  
Andrew Le Sueur ◽  
Maurice Sunkin ◽  
Jo Eric Khushal Murkens
Keyword(s):  
European Union ◽  
Human Rights ◽  
European Convention ◽  
Constitutional Rights ◽  
The European Union ◽  
Human Rights Act ◽  
Human Rights Act 1998

This chapter examines the development and nature of constitutional rights. The discussions cover the European Convention on Human Rights (ECHR); the campaign to incorporate the ECHR into UK law; the Human Rights Act 1998 (HRA); a case study on prisoner voting Hirst v UK (No. 2); criticisms of the HRA; the European Union and human rights.

2. The Legislative Sovereignty of Parliament

2017 ◽  
Author(s):  
Brian Thompson ◽  
Michael Gordon
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
The European Union ◽  
Legal Principles ◽  
Eu Membership ◽  
Parliamentary Sovereignty ◽  
House Of Lords ◽  
Wide Range

Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. This chapter deals with the doctrine of the legislative sovereignty of Parliament. First, the nature of parliamentary sovereignty is considered. The question of whether Parliament can limit the powers of its successors is then discussed, with the chapter finally considering a range of modern challenges to the sovereignty of Parliament, including EU membership, human rights, the decision of the House of Lords in Jackson (and related subsequent case law), and the European Union Act 2011

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