For everyone interested in the work of Britain's Parliament; the US Congress; the European Parliament and the French Parlement.
Discuss Practice, Procedure, History and current issues.
Saturday, 4 September 2010
Law students are inducted into the mysteries of "Parliamentary Sovereignty" as part of their Constitutional Law studies. It's a favourite (for those who set them at least!) exam subject. There have been a number of Washminster postings on the subject -
* Dicey's teachings on Parliamentary Sovereignty
* the challenges that membership of the European Union has for Dicey's traditional view of the doctrine
* how the Human Rights Act 1998 attempts to recognise the doctrine - but how its application (interpretation under s3 widely used, rather than Declaration of Incompatability - s4)
Particular issues to reflect upon
- is the doctrine one of substance or procedure? - Edinburgh and Dalkeith Rly Co v Wauchope (1842) 8 Cl & Fin 710, 8 ER 279, Lee v Bude and Torrington Junction Rly Co (1871) LR 6 CP 576 and BRB v Pickin  AC 765 - all uphold the principle that what parliament says is the law is accepted by the Courts as such - the "Enrolled Bill Rule"
- what do cases on the doctrine of Implied Repeal say that is relevant? - and in particular Thoburn v Sunderland City Council  3 WLR 247?
Tom Bingham (Rt Hon Lord Bingham of Cornhill) has some very useful remarks on the subject in his book "The Rule of Law".
An experienced lecturer, tutor & researcher with practical experience of working in the UK and European Parliaments.
I have a keen academic and practical interest in the workings of both the UK Parliament and the US Congress.
Over the years I have broadcast on both UK & US Politics for BBC local radio stations.