1. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
Introduction and Scope of Lectures
Definition of Legislative Supremacy
Ultimate Legislative Authority
Comparison with USA

2. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
History of Supremacy
Situation pre-1688
Dr. Bonham’s Case (1610) 8 Co Rep 114
Case of Proclamations (1611) 12 Co Rep 74
Importance of Glorious Revolution

3. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
A V Dicey – Introduction to the Study of the Law of the Constitution. (1885)
"[Parliament] has under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament."
Positive and Negative Aspect

4. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
Three things to note about Dicey’s theory
1. Date and ‘novelty.’
2. Constitutional Status
3. Theory of legal not political validity – see Madzimbamuto v. Lardner-Burke [1969] 1 AC 695.

5. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
Positive Aspect – no limit on the subject-matter of legislation.
Illustrated by reference to 3 different areas.
1. Act of Union with Scotland
2. Constitutional Reform
3. Statutes which conflict with international law.

6. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
1. The Act of Union with Scotland
MacCormick v. Lord Advocate 1953 Sc 396
Gibson v. Lord Advocate (1975) SLT 134
See now Scotland Act 1998.

7. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
2. Constitutional Reform
Parliament Acts – see R (Jackson and ors) v. A/G [2005] EWCA Civ 126
European Communities Act see Blackburn v. A.G. [1971] 1 WLR 137.
House of Lords Act 1999

8. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
3. Statutes which conflict with international law
‘Duallist’ Approach
Mortensen v. Peters (1906) 14 SLT 227.
Cheney v. Conn [1968] 1 All ER 779.

9. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
The Enrolled Act Rule
Edinburgh & Dalkeith Railway v. Wauchope (1842)
A-G for New South Wales v. Trethowan [1932] AC 526 (PC)
Pickin v. British Railways Board [1974] AC 765.

10. LEGISLATIVE SUPREMACY OF PARLIAMENT : 1
Summary and analysis of Position under Dicey’s Theory.
Why do people continue to challenge the validity of Acts of Parliament?
Is Dicey still relevant?