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...
🔒 Judiciary vs. Legislature: Who Really Makes the Law?
Law Sessions With Jennifer Housen’s Podcast
15 minutes
6 months ago
🔒 Judiciary vs. Legislature: Who Really Makes the Law?
Subscriber-only episode Examining the separation of powers doctrine, we explore the dynamic relationship between the judiciary and legislature, with particular focus on the limits of judicial interpretation and the supremacy of Parliament in the UK constitutional framework. • Parliament stands as the supreme lawmaking body in the UK, while the judiciary's role is limited to interpreting rather than striking down legislation • The Picking v British Railway Board case established that courts c...
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...
