Parliamentary Sovereignty and Jackson v. Attorney General

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Cases on the foundations of a constitutional order, such as parliamentary sovereignty, tend to be rare in any event. But what makes R (Jackson) v. Attorney General [2005] U.K.HL. 56; [2006] 1 A.C. 262 a significant case, is the dicta regarding constitutional issues mentioned by the judges in relation to parliamentary sovereignty. The discussions of the central issues in the case are in many ways constitutionally orthodox, treating the primary concerns as that of statutory interpretation and adopting a literal interpretation of the 1911 Act. By contrast, the discussion of the wider issues suggest that the judiciary may have support for what could be classed as unorthodox opinions on the doctrine of parliamentary sovereignty. The concept of parliamentary sovereignty is to be considered as a mere ideology in the eyes of the legislature, as the modern day practical sovereign parliament is far from that of the theory.

Firstly the link of the 1911 Act with Jackson will demonstrate the questions the court has regarding the supremacy of parliament. Secondly, how the manner and form theory supports my argument as it focuses on how parliament can place restrictions upon the manner and form in which legislation is enacted, at the same time critiquing how important Jackson is for the future significance of parliamentary sovereignty.

The ideology of parliamentary sovereignty represents a constitutional order that acknowledges the necessary power of government, while placing legal limits and conditions upon its excise due to the Rule of Law, developed by the judiciary in cases such as Pickin v British Railways Board [1974] AC 765. The Diceyan theory represents a definition of parliamentary sovereignty. A general summary recalls that,

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Date of access – (9/12/11)

20) Bamforth,N. Int. Jnl. Of constitutional law. Current issues in United Kingdom constitutionalism: An introduction 2011 9 (1) 79-85 doi: 10.1093/icon/mor029 (Date of Access: 12/12/11)

21) McCrudden, C. Int Jnl Constitutional Law. Multiculturalism, freedom of religion, equality, and the British constitution: The JFS case considered 20119 (1) 200-229 doi: 10.1093/icon/mor022 (Date of Access: 12/12/11)

22) Marquand, D. The Coalition and the Constitution by Vernon Bogdanor. URL: http://www.guardian.co.uk/books/2011/may/15/coalition-constitution-vernon-bogdanor-review (Date of Access: 12/12/11)

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