Summary of "Parliamentary Supremacy | A level Law 9084 | The English Legal System | Paper 1 | Lecture"

Main idea

The lecture explains the doctrine of parliamentary supremacy (sovereignty) in the UK: Parliament (Westminster) is the supreme law‑making body and no other authority can override its Acts.

Definition — A. V. Dicey (three core principles)

Parliament can legislate on any subject matter; there are no substantive limits on what Parliament may make law about.
No Parliament can be bound by a previous Parliament; one Parliament cannot pass a law that permanently limits a future Parliament.
No other body (courts or authorities) can override or set aside an Act of Parliament.

Examples illustrating Dicey’s principle

Parliament can change its own powers — illustrated by the Parliament Acts 1911 and 1949, which reduced the House of Lords’ power.
R (Miller) v Secretary of State for Exiting the European Union (Brexit litigation): the UK Supreme Court held the government could not trigger Article 50 without Parliament because leaving the EU would effectively repeal rights introduced by the European Communities Act 1972 — demonstrating that courts will not nullify Acts of Parliament and that Parliament must enact the change.

Limitations on parliamentary supremacy

Three main practical limits were discussed:

Human rights (Human Rights Act 1998)
- Courts can declare an Act of Parliament “incompatible” with the European Convention on Human Rights under s.4 HRA.
- A declaration of incompatibility does not strike down the Act; it is a formal judicial criticism inviting Parliament to amend the law.
- Example case cited: H v Mental Health Review Tribunal (2001).
Devolution
- The Scotland Act 1998 and Wales Act 1998 devolved significant law‑making powers to the Scottish Parliament and the Senedd (Wales), reducing Westminster’s practical legislative reach over certain matters.
European Union membership (historical limitation)
- While the UK was an EU member, EU law took priority over conflicting UK law, limiting Westminster’s supremacy in practice.
- Brexit (2016 referendum and withdrawal) removed the EU as an ongoing external constraint, but the Brexit litigation (Miller) showed how Acts such as the European Communities Act 1972 entrenched rights that required parliamentary action to change.

Other points and takeaways

Parliamentary supremacy remains a central constitutional principle, but it is moderated in practice by human rights obligations, devolution, and (historically) EU membership.
Potential exam questions noted by the lecturer:
1. Parliamentary law‑making (previous lecture)
2. Parliamentary supremacy (this lecture)
3. Influences on Parliament (next lecture)

Speakers / sources referenced

Lecturer / channel: Law vs Delhi
A. V. Dicey (formulation of parliamentary supremacy)
Parliament Acts 1911 and 1949
R (on the application of Miller and Another) v Secretary of State for Exiting the European Union (Supreme Court Brexit case)
European Communities Act 1972
Human Rights Act 1998 (Section 4 — declaration of incompatibility)
Case: H v Mental Health Review Tribunal (2001)
Scotland Act 1998
Wales Act 1998
2016 Brexit referendum / “the people” as political source of the Brexit mandate