Economics 3364A/B Study Guide - Quiz Guide: Parliamentary Sovereignty, Primary And Secondary Legislation, Hunting Act 2004
25 Oct 2020
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Attorney general argument ("a new method" - manner and form theory of parliamentary sovereignty) 1. parliament act 1911 created a new method of creating legislation. As per s. 2(1) of the 1911 act which refers to an act of parliament . 2. this is evidenced by the fact that acts of parliament passed under the. Parliament act as amended in 1949 have been accepted by constitutional actors for over 50 years. Questions of law blend into those of political fact. 3. therefore when parliament enacted legislation using the procedure in the parliament act 1911 as amended by the 1949 act it was primary legislation and therefore courts could not find it invalid. Illegitimate for a court to do this: jackson concerned a question that parliament itself could not decide namely, whether these acts are enacted law". Therefore courts should resolve it: attorney general"s submission endorsed.
