Parliamentary Sovereignty in UK Law

  • R (on the application of Miller) v The Prime Minister ; Cherry and Others v Advocate General for Scotland
    • Supreme Court
    • 24 Septiembre 2019
    ... ... 2 Parliamentary sittings are normally divided into sessions, usually lasting for about a ... The first is the principle of Parliamentary sovereignty: that laws enacted by the Crown in Parliament are the supreme form of law ... ...
  • R (Miller and Another) v Secretary of State for Exiting the European Union; Re McCord's application
    • Supreme Court
    • 24 Enero 2017
    ... ... This provision was re-enacted as section 12 of the European Parliamentary Elections Act 2002. Section 1 of the 2002 Act provided for a specific ... 41 Originally, sovereignty was concentrated in the Crown, subject to limitations which were ... ...
  • R (Jackson) v Attorney General
    • House of Lords
    • 13 Octubre 2005
    ... ... , if ever, seen before, and never since, in the life of our parliamentary democracy. The Act must be interpreted and understood in that context ... Fundamentals (1980), pp 27-28 and "The Basis of Legal Sovereignty" [1955] CLJ 172 , 193-194; Wade and Forsyth, Administrative Law, 9th edn ... ...
  • R v DPP ex parte Kebeline
    • House of Lords
    • 28 Octubre 1999
    ... ... Divisional Court failed to recognise the force and effect of Parliamentary sovereignty in the context of unambiguous primary legislation contained in ... ...
  • R v Secretary of State for the Home Department, ex parte Simms
    • House of Lords
    • 08 Julio 1999
    ... ... legality in a constitution which, like ours, acknowledges the sovereignty of Parliament ... 53 Parliamentary sovereignty means that Parliament ... ...
  • R (Morgan Grenfell & Company Ltd) v Special Commissioner of Income Tax
    • House of Lords
    • 16 Mayo 2002
    ... ... The Parliamentary material does not therefore assist in showing a clear intention to ... Simms [2000] 2 AC 115 , at p.131: "Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to ... ...
  • A v HM Treasury (Nos 1 &2)
    • Supreme Court
    • 04 Febrero 2010
    ... ... under it to be made by the executive without any kind of Parliamentary scrutiny. This is in sharp contrast to the scheme for the freezing of ... of Lord Hoffmann in Simms at p 131: "Parliamentary sovereignty means that Parliament can, if it chooses, legislate contrary to ... ...
  • Wilson v First County Trust Ltd (No 2)
    • House of Lords
    • 10 Julio 2003
    ... ... That would be inconsistent with the parliamentary intention in rendering the entire agreement unenforceable. True, the ... be said to be in support of the principle of Parliamentary sovereignty. It was another to refer to it in order to form a view as to whether ... ...
  • SC and 3 Children v The Secretary of State for Work and Pensions
    • Supreme Court
    • 09 Julio 2021
    ... ... ) The third question concerns the use which can be made of Parliamentary debates and other Parliamentary material when considering whether primary ... independent spheres, is a necessary corollary of Parliamentary sovereignty. It is only because “treaties are not part of UK law and give rise to no ... ...
  • R (on the applications of Hooper, Withey, Naylor and Martin) v Secretary of State for Work and Pensions
    • House of Lords
    • 05 Mayo 2005
    ... ... The parliamentary intention in this regard was abundantly clear. If the effect of this ... the evident purpose of section 6(2), which was to preserve the sovereignty of Parliament: see Lord Nicholls of Birkenhead in Aston Cantlow and ... ...
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