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Parliamentary Law Making

Parliamentary Supremacy and Its Limits

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Overview

Recall questions on the doctrine of parliamentary supremacy, why Parliament cannot bind its successors or be overruled by the courts, and how EU membership, devolution, practical constraints and the Human Rights Act limit it.

What you need to know

Answer each one before you reveal it.

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Key term

How did EU membership limit parliamentary supremacy while the UK was a member?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    What is the doctrine of parliamentary supremacy?

    Model answer

    Parliamentary supremacy holds that Parliament is the supreme legal authority in the UK, able to create or abolish any law, and no body can override or set aside its legislation.

  2. 2

    Why can Parliament not bind its successors under the doctrine of parliamentary supremacy?

    Model answer

    Because a future Parliament can repeal or amend any previous legislation, ensuring each Parliament retains full legislative authority.

  3. 3

    Can courts question the validity of an Act of Parliament or declare it unconstitutional?

    Model answer

    No. Under parliamentary supremacy, no court can question the validity of an Act of Parliament or declare it unconstitutional.

  4. 4

    How did EU membership limit parliamentary supremacy while the UK was a member?

    Model answer

    EU membership required UK courts to give priority to EU law over conflicting domestic legislation.

  5. 5

    How has devolution limited parliamentary supremacy?

    Model answer

    Devolution has transferred legislative competence in certain areas to devolved assemblies in Scotland, Wales, and Northern Ireland.

  6. 6

    What practical constraints limit what Parliament will realistically legislate?

    Model answer

    Political and practical constraints, including public opinion, limit what Parliament will realistically legislate despite its theoretical supremacy.

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