Lecture 7 - supremacy of parliament PDF

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No-one may question the validity of Act of Parliament - it's not in within the power of the court to say that this act was unconstitutional (as the Supreme Court can do in the US)...

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Lecture 7 - supremacy of parliament Lecture Topic: During the lecture, take notes here. S8 The Enrolled Bill Rule 2. No-one may question the validity of Act of Parliament - it's not in within the power of the court to say that this act was unconstitutional (as the Supreme Court can do in the US)  “All that a court of justice can do is to look to the Parliamentary Roll; they see that an act has passed both Houses of Parliament, and that it has received the royal assent, and no court of justice can inquire… I therefore trust that no such inquiry will hereafter be entered into…”  Edinburgh and Dalkeith Railway Co. v Wauchope (1842) 

British Railways Board v Pickin [1974] AC 765 British Railways Act 1968 ‘The function of the court is to construe and apply the enactments of Parliament. The court has no concern with the manner in which Parliament or its officers carrying out its Standing Orders perform these functions.’, per Lord Reid o o

Pickin wanted to reverse the decision of the closing his local railway Dismissed  Reasons: it's an act of Parliament, the court can't judge the legality of the act, can't question the Act

2nd element of the P Supremacy - Parliament Cannot Bind itself  Parliament must be able to change existing laws – or it would not be supreme o Parliament can't bind itself!  Can change existing statute law through repeal o Express repeal o Implied repeal  Ellen Street Estates v Minister for Health [1934] 1 KB 590  2 Acts were conflicting, which one do we follow?  Acquisition of Land (Assessment of Compensation) Act 1919 any Act ‘shall not have effect’ if inconsistent with 1919 scheme; and  Housing Act 1925 – inconsistent compensation scheme  The latest Act has impliedly repealed the earliest one automatically! The Parliament can't bind itself or its successors.  The principal of law:  ‘If in a subsequent Act, Parliament chooses to make it plain that the earlier statute is being to some extent repealed, effect must be given to that intention.’ ‘It is impossible for Parliament to enact that in a subsequent statute dealing with the same subject matter there can be no implied repeal.’ Maugham, LJ

3rd - Territorial Extent   

Parliament may legislate with extra-territorial effect; that is, pass laws which affect the rights and duties of citizens outside the jurisdiction of the UK. “Parliamentary supremacy means that Parliament can legislate for all persons and all places. If it enacts that smoking in the streets of Paris is an offence, then it is an offence.” (Ivor Jennings The Law & the Constitution, 5th ed. 1959.) Eg if Parliament passes the law that it's illegal to smoke on the streets of Paris then it would be an offence to do so, would the citizens

Section 134 Criminal Justice Act 1988 - torture Example of the principle - torture wherever is committed whomever is doing it - is the crime  You can be prosecuted even if you aren't british national or you commissioned outside the UK, but for the UK it's crime and you're the offender 

Brexit...