Chapter One - Miscellaneous

Question

Chapter 1: (D) MISCELLANEOUS

Answer

(18) Using three examples, explain how parliamentary sovereignty is limited in the English Legal System.

Three from:

The operation of sovereignty is subject to acts of the government of the day
Parliament cannot really do anything it wants; it has to take into account public attitudes to its law-making
Much law-making power is delegated to bodies other than Parliament
Parliament has to observe its international obligations
Certain Acts of Parliament are entrenched (eg, Acts giving independence to former British colonies)
European Community Law and the European Convention on Human Rights have greatly affected the concept of parliamentary sovereignty
Parliamentary sovereignty refers to the supremacy of Parliament and the ability of Parliament to make any laws it wants.

(19) Explain the significance of the Parliament Act 1949.

The Parliament Acts (the term given to the 1911 and 1949 Acts, the latter being the most significant in this regard) limit the power of the House of Lords to block the progress of Bills. The House of Lords can only delay Financial Bills for one month; other Bills may be delayed for one year. If a Bill had been delayed in this way it could then be re-introduced to the Commons the following year without the need for further Lords amendments.

(20) Using your knowledge of the Human Rights Act 1998, brief advise the following clients as to whether they can make a claim as ‘victims’ (ie, identify any ECHR rights and consider whether the Act would apply).

(a) A man with an extremely rare illness who was photographed, without his consent, for a cover story by a tabloid newspaper.

Art 8 of the ECHR (rights to respect for private life) appears to have been breached by the newspaper – but is a tabloid newspaper a ‘public authority’? The man would probably have to claim against the Press Complaints Commission, though note the potential for a common law claim which indirectly achieves a degree of horizontal effect by giving expression to the purpose of the Convention right (see, for example, Douglas and Zeta-Jones v Hello! and AS Level Law pp 23–28).

(b) A gay couple that wishes to secure the same social and welfare benefits from government agencies as married couples. The relevant ECHR rights here are: the right to privacy and respect for home life (Art 8); rights to protect against discrimination (Art 14). The claim has potential since the government agencies can easily be interpreted as ‘public authorities’. See AS Level Law, particularly at pp 23–26.

(21) Provide a simple summary of British Constitution.

The British constitution is unwritten. It is the product, instead, of historical development. Britain operates as a parliamentary democracy and has a monarch as a ceremonial head of state.