⇒ The general proposition that parliament is sovereign is a good one
⇒ However, parliament sometimes passes inadequate legislation that is ambiguous and not helpful
⇒ Thus, we must discuss express repeal, implied repeal and constitutional statutes
⇒ An express repeal works as follows:
⇒ So, even the Magna Carta can technically be repealed
⇒ What if it is not clear what parliament wants to enact or repeal?
⇒ It is possible for an Act of Parliament to be repealed by implication: see, for example, Vauxhall Estates v Liverpool Corporation (1932), which is the leading case on implied repeal
⇒ Judges can make functionalist interpretations:
⇒ Judges can make formalist interpretations:
⇒ Ellen Street Estates Ltd v Minister of Health (1934) agreed with Vauxhall Estates v Liverpool Corporation (1932) and said that the later act prevails
⇒ So, thus far, judges have made the formalist interpretation!
⇒ BUT, see the case of Macarthys v Smith (1979) → it was held that European Community law (now EU law) prevails over our law – you cannot legislate contrary to community law
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⇒ In Thoburn v Sunderland City Council (2001) there was a dispute as to whether the ‘earlier’ Act (the European Communities Act 1972), which insisted on the use of metric units, had been impliedly repealed the Weights and Measures Act 1985
⇒ “In my opinion a constitutional statute is one which (a) conditions the legal relationship between citizen and the state in some general, overarching manner, or (b) enlarges or diminishes the scope of what we would now regard as fundamental constitutional rights.” (per Laws LJ in Thoburn v Sunderland City Council (2001))
⇒ Examples of constitutional statutes:
⇒ They have a vague definition without a clear dividing line between them and ordinary Statutes
⇒ They are too narrow → some constitutional statutes are not concerned with rights, but just concerned with institutions of the state and their relationships
⇒ Constitutional statutes are unsupported by higher judicial organs
⇒ They are contrary to parliamentary sovereignty → why should some acts of parliament have more powers than others if there is no statutory hierarchy?
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