AQA A-Level Law 7162
The Nature of Law
The European Union and English Law
Legal Personnel and the Judiciary
Access to Justice and Funding
Parliamentary Law Making
Delegated Legislation
Statutory Interpretation
Judicial Precedent
Law Reform
The Civil Courts and Dispute Resolution
The Criminal Courts and Sentencing
Lay People: Magistrates and Juries
Criminal Law: Rules and Theory
General Elements of Liability
Fatal Offences Against the Person
Non-Fatal Offences Against the Person
Property Offences
Preliminary Offences
Criminal Defences
Tort: Rules and Theory
Negligence
Occupiers' Liability
Nuisance and Rylands v Fletcher
Vicarious Liability
Tort: Defences and Remedies
Contract: Rules and TheoryContract
Formation of a ContractContract
Contract TermsContract
Vitiating FactorsContract
Discharge of a ContractContract
Contract: RemediesContract
Human Rights: Rules and TheoryHuman rights
Human Rights in International and UK LawHuman rights
The European Convention ArticlesHuman rights
Restrictions and EnforcementHuman rights
Reform of Human Rights LawHuman rights
Parliamentary Law Making
Parliamentary Supremacy and Its Limits
- 1 thing to know
- All three papers
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.
Questions from this subtopic
Each one with the model answer underneath.
- 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
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
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
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
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
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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