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...
🔒 Unmasking the Rule of Law: From Dicey's Theory to Modern Practice
Law Sessions With Jennifer Housen’s Podcast
14 minutes
6 months ago
🔒 Unmasking the Rule of Law: From Dicey's Theory to Modern Practice
Subscriber-only episode The rule of law stands as a fundamental principle of the British constitution, but its practical application reveals fascinating tensions with parliamentary sovereignty. When examining historic definitions from A.V. Dicey alongside modern legal cases, we discover how this principle both protects individual rights and faces significant challenges. • Judicial review serves as a crucial check on government power by allowing challenges to executive actions • The jury syst...
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...