as a democratically elected body, parliament is the supreme law making body in the uk
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what did juroist AV Dicey delineate parliamentary supremacy as
1) power to make or rescind any law - e.g reintroducing capital punishment, 2) no law can be passed permanently 3) all valid laws must be applied by all courts with no modification
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how does the European Communities Act limit UK Parliamentary Supremacy
it requires that provisions of EU law are given precedent over domestic law
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ex parte factortame No.2 ?
uk's merchant fishing vessel act was contrary to EU law; the EU court of justice held that domestic law must be set aside
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how did ex parte factortame No.2 contradict parliamentary supremacy
the doctrine requires that courts apply acts passed by parliament and that they cannot challenge any valid statute
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Argument against?
parliamentary supremacy is still techinally preserved as it was parliament which passed the European Convention Act - however, it is unlikely that the uk would withdraw from the EU
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Other cards in this set
Card 2
Front
what did juroist AV Dicey delineate parliamentary supremacy as
Back
1) power to make or rescind any law - e.g reintroducing capital punishment, 2) no law can be passed permanently 3) all valid laws must be applied by all courts with no modification
Card 3
Front
how does the European Communities Act limit UK Parliamentary Supremacy
Back
Card 4
Front
ex parte factortame No.2 ?
Back
Card 5
Front
how did ex parte factortame No.2 contradict parliamentary supremacy
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