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Words: | Submitted: Mon Jun 19 2006
... situations; (a) In 1994 a Bill is passed through Parliament repealing this Act without a prior referendum; It is suggested that "Parliamentary supremacy was assured by the Glorious Revolution of 1688" (Turpin) and many legal commentators and case law would suggest this to be correct. Dicey said that Parliament has "...the right to make or unmake any law whatsoever..." If this is correct then Parliament can, as Salmon L.J. stated "...in the present state of law...enact, amend and repeal any legislation it pleases" (Blackburn-v-A.G.). That Parliament has tried to entrench an Act does not, in the courts' eyes, usurp the sovereignty of the current Parliament. Herbert C.J. stated "If an Act of Parliament has a clause in it that should never be repealed, yet without question, the same power that made it, may repeal it" (Godden-v-Hales). The Irish Act of Union (1800) suggested a certain degree of entrenchment when it spoke of ...
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