Trial·Breaker SQE1
SQE1 › FLK1 › Constitutional, Administrative and EU Law › Question
SQE1 · FLK1 · Constitutional, Administrative and EU Law

Parliamentary sovereignty — SQE1 Public law question

A worked single-best-answer question on parliamentary sovereignty, with why each wrong option is wrong — the way SQE1 traps candidates.

Parliamentary sovereignty

The House of Commons passed a Bill banning a traditional rural sport in two successive sessions. The House of Lords rejected it each time. The Bill then received Royal Assent without the Lords' consent under the procedure in the Parliament Acts 1911 and 1949. Clement, who organises events affected by the ban, argues that the Act is merely delegated legislation made under the Parliament Act 1949 and that the 1949 Act was itself invalid because it was passed using the 1911 Act procedure.

Which of the following best describes the validity of the Act?

  1. AIt is invalid, because the 1911 Act could not be used to amend its own procedure, so the 1949 Act is void.
  2. BIt is valid only as delegated legislation, so a court may review it on ordinary judicial review grounds.
  3. CIt is invalid, because the House of Lords must consent to all legislation creating new criminal offences.
  4. DIt is a valid Act of Parliament, because legislation passed under the Parliament Acts is primary legislation and the 1949 Act was validly enacted.
  5. EIt is valid, but only for one year, after which it lapses unless the House of Lords approves it.
Show answer and reasoning
D is the best answer. In R (Jackson) v Attorney General the House of Lords held that the Parliament Act 1949 was valid and that an Act passed under the Parliament Acts procedure is primary legislation, not delegated legislation. The Hunting Act 2004, passed without the Lords' consent, was therefore a valid Act of Parliament.

Rule: An Act passed under the Parliament Acts 1911 and 1949 without the Lords' consent is valid primary legislation.

  • A Jackson rejected the argument that the 1911 Act could not be used to pass the 1949 Act. (wrong rule)
  • B Acts passed under the Parliament Acts are primary legislation, not delegated legislation. (wrong rule)
  • C There is no requirement of Lords' consent for criminal legislation; the main statutory exclusion concerns extending the life of Parliament. (wrong rule)
  • E The Parliament Acts procedure delays legislation before Royal Assent; it does not produce temporary Acts. (wrong rule)

Source: R (Jackson) v Attorney General [2005] UKHL 56; Parliament Act 1911, s 2; Parliament Act 1949

Practise more Constitutional, Administrative and EU Law   All Public law subtopics