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Public Law Presentation

Juan Liew

on 29 April 2013

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Transcript of Parliament

EU Bill
ECA 1972
Human Rights Act 1998 Vauxhall Estates Ltd v Liverpool Corporation [1932]
Ellen Street Estates Ltd v Minister of Health [ 1934] Parliament is not Boundable! Sir Ivor Jennings [1959]
Sir Leslie Stephens [1882] Parliament is Supreme! Thomas Bonham v College of Physicians [1610]
Pickin v British Railways Board [1974] Validity cannot be Challenged! By: Audrey Hoh
Liew Juan Juan
Looi Jo Ann Parliamentary Sovereignty What is Parliamentary Sovereignty? EU Law is supreme. Parliamentary Sovereignty and the European Union Parliament is
Not Boundable
Unquestionable Dicey, Albert Venn
(1835–1922) Legal & Political Sovereignty Where does the Parliament get its powers from? vs Secretary of State for Transport ex parte Factortame (No 2) Section 2
Section 2(4) European Communities Act 1972 (ECA 72) Secretary of State for Transport ex parte Factortame (No 2) [1991]
Macarthys v Smith [1979]
Garland v British Rail Engineering Ltd [1983] Dicey's Theory on Parliamentary Sovereignty Source of Sovereignty The cornerstone
Law-making body
No limitation of power Chief Justice Marshall Marbury v Madison [1803] Limitations:
Scope and Subject Matter Arguments against the Traditional Doctrine Judicial Loyalty "...It is the law because it is the law, and for no other reason it is possible for the law to take notice of..." - Salmond "... The rule is above and beyond the reach of statute...because it itself is the source of the authority of statute." - HWR Wade What can parliament legislate? Burmah Oil Company v Lord Advocate 1965 Say What? As defined by AV Dicey Sovereignty and Written Constitutions In Conclusion... WHO IS SUPREME? Parliament is supreme. Fish. Fish. Fish! Cases. Cases! The Emergence The Crown & Parliament Recognition Act 1689 Bill of Rights Spark Supremacy of
Parliament Declara-tion of Rights (cc) image by nuonsolarteam on Flickr Constitutional Reform Definitions Differences & AV Dicey's "Manner and Form"
Full transcript