Parliamentary supremacy the enrolled bill rule


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Public Law expert
Practice notes

Parliamentary supremacy the enrolled bill rule


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Public Law expert

Practice notes
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It is not possible to successfully argue that an Act of Parliament is invalid because of flaws, or even fraud, in the legislative process.

Early origins of the principle

Arguably the principle is derived from that laid down in The Prince's Case. The case involved a challenge to the grant of the Duchy of Cornwall by charter made by Authority of Parliament. Coke CJ decided that it was an Act of Parliament, having been assented to by King, Lords and Commons, and therefore had the full force and authority of an Act of Parliament.

'If an Act of Parliament be penned by assent of the King, and of the Lords Spiritual and Temporal, and of the Commons, or, it is enacted by authority of Parliament, it is a good Act;…there are a good many statutes which are indicted quod dominus Rex statuit: yet if they be entered in the Parliament roll, and always allowed for Acts of Parliament, it shall be intended that it was by authority of Parliament…'

Bill of Rights

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Key definition:
Authority definition
What does Authority mean?

The public sector body procuring the project. This might, for example, be a local authority, an NHS trust, a central Government Department or a Non-Departmental Public Body.

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