A V Dicey described p s through 3 rules
Parliament is supreme lawmaker
No Parliament can bind a successor
no person or body may question the validity of Parliament;s enactments
these 3 rules follow from supreme lawmaker is in British constitution
parliament can be tyrannical. no one can stop it
Sir Leslie Philips gave us a pointed way of thinking it through. COuld Parliament pass a law condemning all blue eyed babies to death?
Yes and No. If Parliament is sovereign then it could enact such a law
But on the other hand – Parliament will not do this. Reduction ad absurdum. Realities of politics. Seems unimaginable
The last civil war was 1640s. country has internal peace.
no acts of genocide at home
this reflects an understanding political settlement in the UK.
.Issue is distinction between legal and political sovereignty. this refers to legal sovereignty. however, we need to distinguish between this and political sovereignty. limited by democratic accountability
Parliament owes it potency to the people
Algernon Venn Dicey makes this distinction
Parliament is restricted by rules, understandings and what is politically possibly.
the government could abolish cars. it would not do that
could Parliament legally create a statute abolishing private ownership of motorised vehicles? Yes
continuing theory of parliamentary sovereignty
Ian Loveland – says that Parliament is a perpetual institutiuon. its power is unconfined and is created anew each time it meets.
Makes one cogitate on referenda. A Parliament is not bound by it
Dicey’s third rule – no court may question the validity of an act of Parliament. A court cannot strike down such an act. The Irish Supreme Court can declare an act is a nullity.