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...
🔒 The Balancing Act: Separation of Powers in the UK
Law Sessions With Jennifer Housen’s Podcast
12 minutes
6 months ago
🔒 The Balancing Act: Separation of Powers in the UK
Subscriber-only episode We explore the complex reality of separation of powers in the UK, focusing on the overlaps between the legislature, executive, and judiciary that challenge Montesquieu's traditional vision. • The judiciary serves as an important check and balance but lacks the power to strike down laws unlike the US Supreme Court • UK has a bicameral parliament with the House of Commons (elected MPs) and the House of Lords (appointed members) • The Lord Chancellor historically violate...
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...