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