“House of Lords upholds fox hunting ban while questioning parliamentary sovereignty limits”
The Countryside Alliance and others challenged the Hunting Act 2004, arguing it was invalid because it was enacted using the Parliament Act 1949, which they claimed was itself invalid. The Act banned hunting wild mammals with dogs in England and Wales.
Whether the Parliament Act 1949 was validly enacted and whether Acts passed under it (including the Hunting Act 2004) were valid; the scope and limits of parliamentary sovereignty.
The Parliament Act 1949 was validly enacted and the Hunting Act 2004 was therefore valid. However, the Lords suggested there may be constitutional limits to parliamentary sovereignty in extreme circumstances.
This case represents the most significant judicial challenge to traditional concepts of absolute parliamentary sovereignty, suggesting constitutional limits may exist. It also clarified the validity of the Parliament Acts procedure for future legislation.
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OSCOLA Citation
Jackson v Attorney General [2005] UKHL 56, [2006] 1 AC 262
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