Parliamentary Sovereignty

Professors and believe that sovereignty is a construct of the .

argues that is not capable of any sorts of limits on itself.
Wade supports the of , in that the rules by which are identified are beyond the reach of Parliament.
When the court invoked the ECA to disapply the 1988, it became clear that Parliament had .
The language of the judgments is inconsistent with the view that the court has merely adopted a principle of in seeking to avoid a conflict between and EC law.

says that ideas about are misconceived, and that it is a part of the UK

supports the argument, in that Parliament could what would count as in future.

states that by passing the , Parliament has voluntarily accepted a limitation of its sovereignty, making it clear that Community Law must in future.
The HS2 case is important for and the relationship between the and EU legal orders.
There are two strands to the court's analysis of the :
1. - voiced most strongly by Lords Mance and - . People would not be confident that would be given its full, obvious effect, leading to a of confidence in EU law and impair between the ECJ and national courts.
2. - decisions should be interpreted so as to avoid with national law.

Dicey's doctrine of parliamentary sovereignty has

1. : can make or unmake any
2. : an Act of Parliament.
3. Theory of : No Parliament can be bound by or bind another

Dicey's

- a was convicted of near Scotland. On appeal, he argued that the law apply to him. Held: although contrary to , the law still applies to citizens.

- D was a member of a . D said that British and threat of the use of was contrary to law, and so D refused to pay taxes. Held: are the in the UK. An overrides international

Theory of

Corporation (1932)
Ellen Street Estates v (1934)
Which Act applied? The or the ?
Held: the Housing Act 1925 because the always prevails.

Doctrine of : looking at two Acts and realising that they are . The always prevails, the earlier Act is .

Doctrine of express repeal: .

in Thorburn v recognised that are protected from and can only be expressly repealed by from Parliament.

The Revolution of was the origin of
Parliament was recognised for the first time as part of the structure.
1688, English became the rule. The was taken from the

is significant, because:
Supporting evidence for the .
Obiter dicta supports the idea of , rather than sovereignty.

per Lord : "The given by Dicey of the doctrine of the can now be seen to be out of place in the UK."

's self-embracing - Parliament can bind itself as to the in which is enacted.

The argument: Parliamentary includes the power of to bind itself as to the in which is passed.
It is a rule.
The statute is to .
are bound to this rule.

The Union with Scotland: treaty between
with England Act (1707)
Act of Union with
Only the UK Parliament could give back to Scotland.

v Lord Advocate - The Queen declared herself in . C argued that she can only be Elizabeth I because have never had a , and they are part of the UK. The court this, holding that only the could decide which to be herself, according to the

altered the ability of the House of to reject Bills. They were unable to reject money but could reject . , money Bills could be rejected.

Parliament Act reduced the delay in power from It was passed under the in the Parliament Act 1911. It allowed them to get their Bill through and the delay from 2 to 1 years.
PA 1949 is not a act. It is , therefore it is subject to

= House of Lords + + Royal
is needed by both and then the Queen must to remain the Queen.