R (Jackson) v Attorney-General
2005 · [2005] UKHL 56; [2006] 1 AC 262
Posted By lanbuk.com
- Facts
- The Hunting Act 2004 was passed under the Parliament Acts 1911 and 1949 without the consent of the House of Lords. It was argued that the 1949 Act itself was invalid.
- Issue
- Was the Parliament Act 1949, and so the Hunting Act, valid?
- Held
- Yes. Both were valid.
- Principle
- Some Law Lords suggested, without deciding, that there could be limits to parliamentary sovereignty, for example to protect the or .
- Why it matters
- Shows that the courts are discussing the limits of parliamentary supremacy.
Words and Latin in this note
- Judicial review
- The power of the superior courts to examine whether a public body acted lawfully, rationally and fairly. It looks at legality, not merits. Constitutional review of laws is a separate power of the Supreme Court. Open the note.
- Rule of law
- The principle that government must act under and within the law, that everyone is equal before it, and that power is not used arbitrarily. Dicey gave it three meanings. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.