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Public Chapter 4a slides

Slide 1 : Entrenchment
Objective of ministers to prevent or make more difficult future changes to Acts of
Parliament
Word derived from First World War trench warfare

Slide 2 : First Conflicting Principle

Dicey's view supported by some 20th century case law
No Parliament can prevent a later Parliament from passing any Acts of Parliament it
wants
Orthodox interpretation of parliamentary supremacy

Slide 3 : Second conflicting principle

Entrenchment can be reconciled with parliamentary supremacy
Parliament can alter required composition or procedures for future Parliaments in
respect of certain legislation
Example of Parliament Act 1911 and 1949

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Slide 4 : Examples of entrenchment in UK

Act of Union 1706

Church of England and Church of Scotland established "in all times to come"

Slide 5 : Examples of entrenchment in UK (2)

s1 Northern Ireland Act 1998

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Northern Ireland "shall not cease" to remain part of UK unless referendum vote in
favour of leaving

Slide 6 : Proposed British Bill of Rights

Alternative to Human Rights Act 1998 and European Convention on Human Rights
Would it have lasting political support?
Could it be entrenched e.g. by removing possible use of Parliament Acts 1911/1949?

Slide 7 : Contrasting academic views

Sir William Wade - no Parliament can "fetter" future Parliaments
Sir Ivor Jennings - courts accept law made "in proper legal form"

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