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In what circumstances, if any, could a British court declare that an Act of the British Parliament was invalid?
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Essay B In what circumstances, if any, could a British court declare that an Act of the British Parliament was invalid? The relationship between those who create the Acts (Parliament), those who must apply them (courts) [and those who may challenge the validity of them] is explained best in analysing the doctrine of parliamentary sovereignty.1 When Dicey published The Law of the Constitution in 1885 he identified parliamentary sovereignty as meaning that, 'Parliament has, under the English constitution, the right to make or unmake any law whatever; and further that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.'2 This statement suggests in no way can the authority of parliament (taking parliament in this instance to comprise of both queen and the different houses concerned in the ruling of the state at the highest levels) possibly be...
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