3 ms·
That is largely a change in how parliamentary sovereignty is applied, not an abandonment of the principle. Parliament has placed other bodies over itself in spe
by stordoff 9y ago
That is largely a change in how parliamentary sovereignty is applied, not an abandonment of the principle. Parliament has placed other bodies over itself in specific areas, but this is not irrevocable or remove Parliament's ability to reestablish itself in a period of supremacy. Specifically, per Denning in Macarthys v Smith (often cited alongside Factortame):
> If the time should come when our Parliament deliberately passes an Act with the intention of repudiating the [EU] Treaty or any provision in it or intentionally of acting inconsistently with it and says so in express terms then I should have thought that it would be the duty of our courts to follow the statute of our Parliament.
or see Thoburn v SCC which established that constitutional statutes (such as those establishing the primacy of EU law) are only protected from _implied_ repeal.