Supremacy Doctrine: Enrolled Bill

[Flash Card 1 of 1]

• Bill in Parliament roll as having consent of both Houses & Royal Assent / Wauchope: cannot be questioned by a Court / even if miscount of vote

Pickin v British Railways Board:

• Lord Denning: function of the court to see that the procedure of Parliament itself is not abused and that undue advantage is not taken / aids supremacy not undermine
• Lord Reid: to review against trend of authority as stated in Wauchope / court should not investigate proceedings / should avoid conflict between Parliament & courts
• Lord Morris: for Parliament apply own procedures

Parliament Acts 1911 & 1949:

• Royal Assent / without consent of HoL / excludes extension life Parliament
• Speaker certificate / conclusive (1911 Act s3)

Regency Acts 1937 & 1953:

• Monarch under 18 / consent by a Regent / excludes some Bills eg. accession to Crown

Theoretical:

• HLA Hart: important ultimate rule of recognition / ultimate source of authority / what Queen in Parliament enacts is law
• Some argue: ability to change enrolled bill rule / should introduce judicial review of Acts

bits of law