Supervision 2 2022

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DEPARTMENT OF LAND ECONOMY
LAND ECONOMY TRIPOS 2022, Part 1A
Paper 2: The Public Sector: Institutional and Legal Frameworks: Public Law
Supervision 2 - The Supremacy of Parliament and the Rule of Law
Background reading
Elliott and Thomas Public Law 4th ed:
Part I Ch 3 (Themes, Sources and Principles) Section 5 (Legality and the rule of law) (hard copy pp. 78-91)
Part II Ch 6 (The UK Parliament) Section 6 (Parliament’s powers) (hard copy pp. 245-272)
Part II Ch. 9 (The EU and Brexit) Section 4 (Parliamentary sovereignty: what has EU membership taught us?) (hard copy pp. 379-395)
Part IV Ch. 12 (Judicial Review – An Introduction) Section 5 (The constitutional basis of judicial review) (hard copy pp. 499-507)
Bogdanor “The Sovereignty of Parliament or the Rule of Law? Magna Carta Lecture 2006 (available on Moodle)
Lord Neuberger “Who Are the Masters Now?” Second Lord Alexander of Weedon Lecture 2011 (available on Moodle)
Bingham “The Rule of Law” 2010 (available on Moodle)
Cases
Jackson v Attorney General [2006] 1AC 262 (see in particular the speeches of Lord Steyn and Lord Hope)
Duport Steels v Sirs [1980] 1 W.L.R. 142
Learning outcomes
At the end of this supervision you will be able to:
· Explain the meaning of the doctrines of Supremacy of Parliament and the Rule of Law and their relationship
· Analyse given cases and explain and evaluate their constitutional significance
· Assess the current state of the doctrine of Parliamentary Supremacy in UK constitutional law
Indicative Questions 
· What is meant by the term “Parliamentary Supremacy”?
· What is the role of the judges in the UK? See Duport Steels v Sirs. Do you agree with Lord Diplock’s view that the role of the judges is to interpret laws made by Parliament? Is this/ should this be the only role of the judges?
· What were the key legal arguments in Jackson? What was the outcome? 
· What is the constitutional significance of Jackson? Do you discern a move away from the doctrine of Parliamentary Supremacy in Jackson? If so, by which of the judges and in what circumstances?
· What do you understand by the term “The Rule of Law”?
· Are the doctrines of Supremacy of Parliament and the Rule of Law reconcilable?
· Who should be the final decision-maker in the constitution?
· Quis custodiet ipsos custodes?
The main focus of this supervision will be an analysis of the constitutional significance of Jackson v AG in the context of Parliamentary Supremacy and the Rule of Law.