Term
|
Definition
|
right to make or unmake any law whatsoever, - an unfettered and unchallenged jurisdicition
DICEY
|
|
|
Term
| Pickin vs British Railway board |
|
Definition
|
Courts can intrepret statutes but cannot question whether something should be a statue or not
|
|
|
Term
| Bill of Rights Article 9, 1689 |
|
Definition
|
Proceeding in Parliament cannot be challenged outside Parliment.
|
|
|
Term
| Parliamnet may ban smoking on the streets of paris if it wishes |
|
Definition
|
|
Term
|
Definition
|
Statutes overrider international treaties.
|
|
|
Term
|
Definition
|
Treates must be enacted to have domestic effect. (by parliament)
|
|
|
Term
| Madzimbamuto vs Lardner Burke |
|
Definition
|
statutes overrider conventions.
|
|
|
Term
| Burmah Oil vs lord Adovcate |
|
Definition
|
Statute may operate retrospetively (War Damage act.
|
|
|
Term
| Burmah Oil vs lord Adovcate |
|
Definition
|
Statute may operate retrospetively (War Damage act.
|
|
|
Term
|
Definition
|
|
Term
|
Definition
|
|
Term
| The acts of the Union 1707 |
|
Definition
|
no part of scots law may be altered save for the evident utility of subjects in scotland
|
|
|
Term
| ellen street estates vs Minister for Health |
|
Definition
|
Doctrine of implied repeal (latter act prevails perserving supremacy of temporal parliment.
|
|
|
Term
| Thorburn vs Sunderland City Council |
|
Definition
|
Ordinary statutes are subject to implied repeal, consitutional statues are not.
|
|
|
Term
| AG for New South Wales vs Tretmorthan |
|
Definition
|
Manner and form prevosions re methodolgy of parliment are binding on australian parliment.
|
|
|
Term
| Consitutional Conventions |
|
Definition
|
Passage of legislation, passing between the houses. Assent by the queen, 4-5 year elections
|
|
|
Term
| Jackson vs Attorney General |
|
Definition
|
relationship of delegate legislation to statue
|
|
|
Term
|
Definition
|
EC Legilation will be given primacy over UK legislation if incompatbile.
|
|
|
Term
|
Definition
|
Factortame similar. (ec legislation given primacy over UK)
|
|
|