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Constitutional and Administrative Law

Constitutional and Administrative Law (11th edn)

Neil Parpworth
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date: 30 November 2023

p. 554. The legislative supremacy of Parliamentlocked

p. 554. The legislative supremacy of Parliamentlocked

  • Neil ParpworthNeil ParpworthAssociate Professor in Law, De Montfort University

Abstract

This chapter examines the constitutional significance of the principle of the legislative supremacy of Parliament. The discussion covers the traditional view of the principle, which holds that Parliament is legally omnicompetent, as well as a competing view of legislative supremacy of Parliament, referred to as the ‘new’ view or the ‘manner and form’ argument. The chapter also considers the effect on legislation of the following: the doctrine of implied repeal; the meaning of entrenchment; the Parliament Acts 1911 and 1949; Union legislation; legislative supremacy and the EU; legislative supremacy and devolution; and legislative supremacy and the Human Rights Act 1998.

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