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Supremacy Doctrine: Enrolled Bill

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Supremacy Doctrine: Enrolled Bill

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  • 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


  • 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
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