PS Cases

Question 1

Override constitutional conventions

Answer 1

Madzimbamuto v Lardner-Burke

• Statute overrode convention of not legislating for a former colony
• Parliament’s unlimited legislative competence

Question 2

Alter/override Royal Prerogative

Answer 2

Fire Brigades Union

• AOP prevented prerogative being used
• Parliament’s unlimited legislative competence

Question 3

Override international law

Answer 3

Cheney v Conn

• Tax statute prevailed over Geneva Convention
• Parliament’s unlimited legislative competence

Question 4

Operate retrospectively

Answer 4

War Damage Act 1965

• crown not liable for previous war damage
• Parliament’s unlimited legislative competence

Question 5

A later statute will impliedly repeal an earlier one where their content is inconsistent

Answer 5

Ellen Street Estates v Minister of Health

Question 6

Limits to implied repeal which constrain Parliamentary Supremacy

Answer 6

Thoburn v Sunderland City Council

• ordinary statutes may be impliedly repealed, constitutional statutes may not

Question 7

The rule of law will take precedence over Parliamentary Supremacy

Answer 7

Jackson

• Against the idea that proceedings and Acts of Parliament will not be invalidated

Question 8

If legislating by a future Parliament can be made easier, it can also be made harder

Answer 8

Trethowan - entrenchment is possible

EU Act 2011 - before government can ratify treaty change, must hold referendum

• against PS, manner and form debates

Question 9

PS has been qualified by devolution of power to Scotland

Answer 9

Scotland Act 2016

• against ps, domestic limitations

Question 10

PS has been qualified by devolution of power to Wales

Answer 10

Government of Wales Act 1998

• against ps, domestic limitations

Question 11

Westminster is likely to be bound by terms of the Acts of Union

Answer 11

MacCormick v Lord Advocate

• against PS, domestic limitations

Question 12

Henry VIII powers in legal theory must give way to practical policies

Answer 12

Lord Denning in Blackburn v Attorney-General

• against PS, domestic limitations

Question 13

Courts have been working long to read against the literal meaning of a UK statute

Answer 13

Pickstone v Freemans

Acts of Parliament shall be construed in order to comply with EU law

European limitations on Parliamentary Supremacy

Question 14

Courts have been willing to add words into readings of a statute

Answer 14

Litser v Forth Dry Dock

Acts of Parliament shall be construed in order to comply with EU law

European limitations to PS

Question 15

Where EU law and UK statute contravene each other, directly effective EU law will take precedence

Answer 15

Factortame

S.2(4) ECA 1972
European limitations on PS

Question 16

National law will be disapplied even where the Act is a constitutional provision

Answer 16

Costa v Enel

S.2(4) ECA 1972
European limitations to PS

Question 17

Doctrine of implied repeal is weakened by ECA and will not apply where post-1972 legislation contravenes the ECA

Answer 17

Factortame

European limitations on PS

Question 18

Courts have been fully willing to implement ECHR even reading national legislation beyond literal meaning

Answer 18

Ghaidan v Godin-Mendoza

S.3 HRA
European limitations on PS