5 - Legislative Supremacy

Source: Core Text on Constitutional and Administrative Law

This is important in the UK constitutional law and there are a number of cases laws (and so scope for setting MCQ!). A summary of this chapter is given below:

1) Parliament's legislating power -Understand the historical context and compare it with present day context. Remember the rules viz: Supremacy, Entrenchment, Implied Repeal and Enrolled Rule

2) Limitation - Scope and subject matter (HRA), manner and form, territorial, membership of EU (ECA)

3) Interpretation of a statutes in the light of HRS and ECA (dis-application rule, removal of implied repeal and retention of  express repeal), difference between constitutional statutes and normal statutes

4) Cases to ponder: Mortensen v Peters (supremacy rule), Vauxhall Estate case (implied repeal rule), Pickin v British Railway Board (enrolled Act rule), Belliger's case (declaration of incompatibility), R v Lambert (presumption against retrospective effect of HRA, contract this with Kansal's case)

Answer to the question 1 of the sample questions given by Kaplan lies here.