Lecture Notes: Parliamentary Sovereignty in Australia

Introduction

• Speaker: Renato Costa
• Topic: Application of Parliamentary Sovereignty in Australia

Parliamentary Sovereignty Overview

• Originated in the 17th century.
• Key UK cases: Dr. Bohm's case (1610), Case of Proclamations (1611).
• The Glorious Revolution & Bill of Rights (1689) recognized Parliament as the supreme body.
• A.V. Dicey's definition (1915): Parliament can make/unmake any law; no entity can override Parliament's legislation.

Parliamentary Sovereignty Characteristics

• Unrestricted legislative power over any subject.
• Known as Parliamentary Supremacy.
• Limitations: Cannot bind future Parliaments.

Parliamentary Sovereignty in Australia

• Differences from UK:
  • Australia's sovereignty is more limited due to a written constitution and federalism.
  • Bound by constitutional provisions.
  • Must respect states and their parliaments.
  • Courts can question the validity of Parliament's acts.

Key Aspects in Australia

1. Legislative Limits:

   • Federal Parliament's laws must align with the Australian Constitution.
   • Residual subject matters belong to states.

2. Binding Future Parliaments:

   • Australian Parliament cannot bind successive Parliaments.
   • Exception: Manner and form provisions.
   • Manner and form: Legal mechanisms to entrench certain provisions.

3. Judicial Review:

   • Courts, especially the High Court, can assess the constitutionality of laws.
   • Allows potential invalidation of unconstitutional acts.

Conclusion

• Australian Parliament is sovereign but not as much as the UK Parliament.

Additional Notes

• Future video on manner and form provisions.
• Encouragement to subscribe and join Aussie Law channel.

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• Review: Differences between UK and Australian parliamentary sovereignty.
• Key Takeaway: Australian sovereignty is constitutionally limited, unlike the UK's unrestricted version.