The King in Parliament
Legislative branch of UK constitution
King, Lords, and Commons
"What the King enacts is law"
Revolution of 1688
British Railways Board v Pickin
Modern Principle
*Case: Miller (No 1)* [2017] UKSC 5
Fundamental principle (following Dicey)
Crown legislates only through Parliament
Bill needs both Houses + Royal Assent
Parliament Acts alternative route
1. Unlimited Legislative Power
Dicey's Formulation
Make or unmake any law whatsoever
No body can override Parliament
R (Jackson) v Attorney General
Unconstitutional but Lawful
Moral/political limits ≠ legal limits
Madzimbamuto v Lardner-Burke
Parliament: legislature + constituent assembly
Three Practical Constraints
Politics
The rule of law
Self-imposed restraints
*Case: Re UNCRC Bill* [2021] UKSC 42
2. No Competing Authority
Westminster Parliament supreme
Overrides common law
Overrides prerogative
Overrides devolved legislatures
Sewel Convention: political not legal
*Case: Miller (No 1)* at [146]–[151]
3. No Body Can Deny Validity
Enrolled Bill Rule
*Case: Pickin v BRB* — finality of enactment
Manuel v Attorney General
Courts must obey and apply
Immunity from Judicial Scrutiny
*Case: Re UNCRC Bill* at [50]
*Case: AXA v Lord Advocate* at [49]
UKSC Protecting Sovereignty
*Case: Re UNCRC Bill* [2021] UKSC 42
Scottish Bill outside competence
Only UK Parliament can limit itself
s.28(7) Scotland Act 1998 preserved
Devolution is creature of statute
4. No Entrenchment
Parliament cannot bind successors
Ellen Street Estates v Minister of Health
*Case: Jackson* at [113] — Lord Hope
Contrast: s.111A GOWA 2006 (Senedd)
Most countries have entrenched constitutions
5. Source
Common law construct
Judges created the principle
*Case: Jackson* at [102] — Lord Steyn
Only common law Parliament cannot change
"Stream cannot rise above its source"
H.W.R. Wade (1955) 13 CLJ 172
6. Supporting Principles
Access to court affirms sovereignty
*Case: Cart* [2009] EWHC 3052
Primary law binds executive
*Case: Miller (No 2)* [2019] UKSC 41
Limits on prerogative protect Parliament
*Case: Miller (No 2)* at [42]