Subscriber-only episode Parliamentary sovereignty faces significant challenges from EU membership and the Human Rights Act, reshaping the UK's constitutional framework. We explore how these developments have created a "special legal order" that impacts Parliament's traditional supremacy while maintaining its theoretical sovereignty. • EU membership created a new legal order where community law takes precedence over inconsistent national law • The European Communities Act 1972 incorporates EU...
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Subscriber-only episode Parliamentary sovereignty faces significant challenges from EU membership and the Human Rights Act, reshaping the UK's constitutional framework. We explore how these developments have created a "special legal order" that impacts Parliament's traditional supremacy while maintaining its theoretical sovereignty. • EU membership created a new legal order where community law takes precedence over inconsistent national law • The European Communities Act 1972 incorporates EU...
🔒 Executive vs Judiciary: Who Has the Final Say?
Law Sessions With Jennifer Housen’s Podcast
14 minutes
6 months ago
🔒 Executive vs Judiciary: Who Has the Final Say?
Subscriber-only episode The separation of powers between branches of government is essential to democratic governance, with various overlaps creating checks and balances that prevent any one branch from gaining too much authority. • Executive can be controlled by the judiciary, as illustrated in M v Home Office where the court found a government department in contempt • Courts distinguish between "Crown as monarch" (not subject to judicial oversight) and "Crown as executive" (subject to judi...
Law Sessions With Jennifer Housen’s Podcast
Subscriber-only episode Parliamentary sovereignty faces significant challenges from EU membership and the Human Rights Act, reshaping the UK's constitutional framework. We explore how these developments have created a "special legal order" that impacts Parliament's traditional supremacy while maintaining its theoretical sovereignty. • EU membership created a new legal order where community law takes precedence over inconsistent national law • The European Communities Act 1972 incorporates EU...
