Supremacy Doctrine: Rule of Law

[Flash Card 1 of 1]

• Unconstitutional for parliament to undermine the rule of law / not illegal
• No conflict between principles / due to practical limits / furthermore there is necessary link
• Dicey: the sovereignty of Parliament favours the supremacy of the law / composite body / will of Parliament must be formally expressed in words / supremacy requires laws
• Lord Steyn: parliamentary supremacy is a construct of the common law (Jackson v Attorney-General ) / judges can qualify to uphold rule of law

Judicial Criticism:

• judiciary have found absolute Parliamentary / contrary to rule of law
• Sir John Laws: 1995 article / constitution sovereign / Parliament limited by framework principles / eg. democracy & freedom of expression
• Lord Woolf: 1995 article / legal limits that courts should enforce
• Lord Hope: obiter / parliamentary sovereignty not absolute / the rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based (Jackson v Attorney-General )

bits of law