“Courts cannot question Parliament's internal procedures when examining the validity of Acts.”
Wauchope owned land that was compulsorily acquired under a private Act of Parliament. He challenged the Act's validity, claiming that proper parliamentary procedures had not been followed during its passage.
Whether courts could examine parliamentary proceedings to determine if proper procedures were followed when passing an Act of Parliament.
The House of Lords held that courts have no jurisdiction to examine parliamentary proceedings. The Act was valid and Wauchope's challenge failed.
This case established the 'enrolled bill rule' - a fundamental constitutional principle preventing judicial interference with parliamentary sovereignty. It remains central to understanding the separation of powers and limits of judicial review in the UK.
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OSCOLA Citation
Edinburgh and Dalkeith Railway v Wauchope (1842) 8 Cl & F 710
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