{"id":158,"date":"2005-02-03T17:03:14","date_gmt":"2005-02-03T17:03:14","guid":{"rendered":""},"modified":"2005-02-03T17:03:14","modified_gmt":"2005-02-03T17:03:14","slug":"r-on-the-application-of-jackson-and-others-v-attorney-general-2005-dc","status":"publish","type":"post","link":"https:\/\/www.sixthform.info\/lawblog\/?p=158","title":{"rendered":"R (on the application of Jackson and others) v Attorney General (2005) DC"},"content":{"rendered":"<p><strong>[Statutory interpretation \u2013 meaning of &#8220;Parliament&#8221; &#8211; lawfulness of the Hunting Act 2004 and the Parliament Act 1911 Delegated legislation \u2013 an Act of Parliament cannot be so categorised]<\/strong> <br \/>C representing a pro-fox-hunting group obtained Judicial Review of the <strong>Hunting Act 2004<\/strong>, seeking to have it declared unlawful. The <strong>Hunting Act<\/strong> went straight from the Commons to Royal Assent, by-passing the Lords using the <strong>Parliament Act 1949<\/strong>, which itself was made under the <strong>Parliament Act 1911<\/strong>. None of these three acts was made with the consent of the Lords. <\/p>\n<p><strong>Held<\/strong>: <br \/>1) An Act of Parliament did not have to include the Lords. Interpreting the 1911 Act (particularly the preamble) which includes the word &#8216;Parliament&#8217;. As the <strong>Parliament Act 1949<\/strong> was a lawful statute validly made under the <strong>Parliament Act 1911<\/strong> the <strong>Hunting Act 2004<\/strong> was also lawful. <br \/>The 1911 Act expressly refers to &#8216;any Public Bill&#8217; which was deliberately wide and there is no exclusion. The word &#8216;Parliament&#8217; did not have a strict meaning and included an absence of the Lords. <br \/>2) The 1911 Act was not delegated legislation, it was itself an Act of Parliament &#8211; nothing less. It was erroneous to characterise any Act of Parliament as &#8216;delegated legislation&#8217;. There are two routes through which Acts of Parliament could be enacted: the traditional way involving the Sovereign, the House of Commons and the House of Lords and the 1911 Act way emanating from the Sovereign and the House of Commons. <\/p>\n<p><strong>C lost.<\/strong> <\/p>\n","protected":false},"excerpt":{"rendered":"<p>[Statutory interpretation \u2013 meaning of &#8220;Parliament&#8221; &#8211; lawfulness of the Hunting Act 2004 and the Parliament Act 1911 Delegated legislation \u2013 an Act of Parliament cannot be so categorised] C representing a pro-fox-hunting group obtained Judicial Review of the Hunting Act 2004, seeking to have it declared unlawful. The Hunting Act went straight from the [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-158","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/158","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=158"}],"version-history":[{"count":0,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=\/wp\/v2\/posts\/158\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=158"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=158"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.sixthform.info\/lawblog\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=158"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}