Parliament and Parliamentary Sovereignty

Introduction

This chapter, the first in **Unit 1 — Core Institutions of the State and How They Interrelate**, focuses on **Parliament** and the doctrine of **Parliamentary Sovereignty**. You will examine **A.V. Dicey's** classical definition of parliamentary supremacy, the **Enrolled Act rule**, and the **domestic and European limitations** said to qualify Parliament's law-making power. You will then consider the **role, composition and functions of Parliament**, the **legislative process** by which a bill becomes an Act, and the distinction between **public bills** (Government bills and private member's bills) and **private bills**.

Assessment focus

For the SQE1 FLK1 assessment, you must understand the constitutional doctrine of **parliamentary sovereignty** and be able to apply it in realistic scenarios. You should be able to state **Dicey's** classical definition, explain the **Enrolled Act rule** (**Pickin v BRB**), and identify the principal **domestic limitations** (the Acts of Union, devolution, Acts of independence, limits on implied repeal, the manner-and-form debate, the rule of law and Henry VIII powers) and **European limitations** (EU membership and the **Human Rights Act 1998**). Questions are single best answer questions (SBAQs); you will be expected to **apply** these principles, recall the leading **cases and statutes**, and distinguish the **functions** and **legislative stages** of Parliament. This is a closed-book assessment — commit the key cases, statutory sections and the five legislative stages to memory.

Study tips

1) Memorise **Dicey's** three limbs: **(i)** no legal restraint on Parliament's law-making power; **(ii)** no person or body may question the validity of primary legislation; **(iii)** Parliament cannot bind its successors. 2) Learn the **Enrolled Act rule** and its authority — **Pickin v BRB**. 3) Master the **two columns** of limitations (domestic v European) — be able to give a **case or statute** for each. 4) Note the difference between **express** and **implied repeal**, and that **constitutional statutes** (e.g. **Bill of Rights 1689**, **HRA 1998**, **Acts of Union 1707**, **ECA 1972**) cannot be impliedly repealed — **Thoburn v Sunderland City Council**. 5) Distinguish **HRA s.3** (interpret compatibly so far as possible) from **HRA s.4** (declaration of incompatibility — does **not** invalidate the legislation). 6) Memorise the **five stages** of the legislative process and that **Royal Assent** is the **final** stage.