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 ... ...
  • Thoburn v Sunderland City Council
    • Queen's Bench Division (Administrative Court)
    • 18 Febrero 2002
    ... ... But by force of its very sovereignty, Parliament may delegate the power of amendment or repeal. A provision by ... the Civil War and longer yet before the establishment of parliamentary legislative supremacy in our constitutional law. But the label is old and ... ...
  • 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 (on the Application of Cart) v Upper Tribunal [Sup Ct]
    • Supreme Court
    • 22 Junio 2011
    ... ... This is not a denial of legislative sovereignty, but an affirmation of it … The requirement of an authoritative judicial ... 73 The proposition that Parliamentary sovereignty requires Parliament to respect the power of the High Court to ... ...
  • 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 ... ...
  • 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 application of Anderson) v Secretary of State for the Home Department
    • House of Lords
    • 25 Noviembre 2002
    ... ... in which it is made." In this way Parliamentary sovereignty was preserved ... 59 Counsel for ... ...
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