Parliamentary Law Making: Parliamentary Supremacy (Copy)
Parliamentary Law Making: Parliamentary Supremacy
Case Precedents & Statutes Sheet (AS Level Law – England and Wales)
Core Authorities Establishing Parliamentary Supremacy
| Authority | Court / Body | Principle Established | Exam Focus |
|---|---|---|---|
| Dicey – Parliamentary Supremacy | Constitutional authority | Parliament can make or unmake any law | Core definition |
| Bill of Rights 1689 | Parliament | Parliament is supreme over the Crown | Constitutional foundation |
| R v Secretary of State for the Home Department, ex parte Fire Brigades Union (1995) | House of Lords | Executive cannot bypass Parliament | Supremacy over executive |
| R (Miller) v Secretary of State for Exiting the EU (2017) | UK Supreme Court | Major legal change requires Parliament | Supremacy reaffirmed |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Parliament Can Make or Unmake Any Law — Key Case Law
| Case | Court | Supremacy Principle | Exam Use |
|---|---|---|---|
| Pickin v British Railways Board (1974) | House of Lords | Courts cannot question validity of Acts | Absolute supremacy |
| Madzimbamuto v Lardner-Burke (1969) | Privy Council | Parliament can legislate for any territory | Unlimited authority |
| Burmah Oil v Lord Advocate (1965) | House of Lords | Parliament can reverse court decisions | Legislative override |
| R (Miller) v PM (No 2) (2019) | UK Supreme Court | Courts protect Parliament’s role | Constitutional balance |
Parliament Cannot Be Bound — Continuing Supremacy
| Authority | Court / Body | Rule | Exam Focus |
|---|---|---|---|
| Ellen Street Estates v Minister of Health (1934) | Court of Appeal | Parliament cannot bind successors | Implied repeal |
| Vauxhall Estates v Liverpool Corporation (1932) | Court of Appeal | Later Acts override earlier Acts | Continuing authority |
| Thoburn v Sunderland City Council (2002) | Divisional Court | Ordinary Acts subject to implied repeal | Hierarchy of statutes |
- Later Act prevails over earlier inconsistent Act
- No Parliament can limit future Parliaments
Courts’ Relationship With Parliamentary Supremacy
| Case | Court | Judicial Position | Exam Focus |
|---|---|---|---|
| Pickin v BRB (1974) | House of Lords | Courts must apply Acts | No judicial override |
| R (Jackson) v Attorney General (2005) | House of Lords | Supremacy accepted but questioned in extremis | Modern debate |
| R v Secretary of State ex parte Simms (2000) | House of Lords | Parliament must be clear to limit rights | Rights-respecting supremacy |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Limits on Parliamentary Supremacy — Qualified, Not Absolute
Political and Practical Limits
| Authority | Nature of Limit | Exam Use |
|---|---|---|
| Electoral accountability | Political | Voters can remove Parliament |
| Rule of Law | Constitutional | Laws must be clear and fair |
| Public opinion | Practical | Influences legislation |
Legal Limits Recognised by Courts
| Case / Statute | Court / Body | Limitation | Exam Focus |
|---|---|---|---|
| Human Rights Act 1998 | Parliament | Courts may issue declarations of incompatibility | Soft limit |
| R (Nicklinson) v Ministry of Justice (2014) | Supreme Court | Parliament responsible for moral choices | Judicial restraint |
| Thoburn v Sunderland CC (2002) | Divisional Court | Constitutional statutes not impliedly repealed | Modern qualification |
Parliamentary Supremacy vs Human Rights
| Authority | Court / Body | Effect on Supremacy | Exam Link |
|---|---|---|---|
| Human Rights Act 1998 | Parliament | Courts cannot strike down Acts | Supremacy preserved |
| A v Secretary of State for the Home Department (2004) | House of Lords | Declaration of incompatibility | Rights vs supremacy |
| Belmarsh Detainees Case (2004) | House of Lords | Parliament retains final say | Political pressure |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course
Parliamentary Supremacy and the Executive
| Case | Court | Principle | Exam Focus |
|---|---|---|---|
| ex parte Fire Brigades Union (1995) | House of Lords | Executive must obey Parliament | Supremacy enforced |
| R (Miller) v Secretary of State (2017) | UK Supreme Court | Executive cannot change law alone | Democratic control |
| R (Miller) v PM (No 2) (2019) | UK Supreme Court | Executive accountable to Parliament | Protection of supremacy |
Evaluation Authorities (High-Band Use)
| Issue | Authority | Evaluation Point |
|---|---|---|
| Absolute supremacy | Pickin | Courts must obey |
| Continuing supremacy | Ellen Street Estates | No binding future |
| Modern challenge | Jackson v AG | Extreme cases |
| Rights balance | HRA 1998 | Political pressure |
| Executive control | Fire Brigades Union | Parliamentary dominance |
Ultra-Condensed Exam Recall Grid
| Concept | Authority | Memory Hook |
|---|---|---|
| Definition | Dicey | Make or unmake law |
| Court obedience | Pickin | Apply Acts |
| No binding future | Ellen Street Estates | Implied repeal |
| Rights limit | HRA 1998 | Declaration only |
| Modern cases | Miller (2017/2019) | Parliament protected |
Written and Compiled By Sir Hunain Zia (AYLOTI), World Record Holder With 154 Total A Grades, 7 Distinctions and 11 World Records For Educate A Change AS Level Law Full Scale Course