Law Weblog

Parliament Acts 1911 and 1949 are lawful, but the battle will continue on another front, using human rights and European employment law next year.

Sunday 16 October 2005 at 3:11 am | In News | Post Comment

Thursday, 13 October 2005
Jackson v Attorney General [2005] HL
[Legislation – Parliament Acts 1911 and 1949 are lawful]
The Countryside Alliance, which represented pro-hunt campaigners who wished to continue foxhunting, argued the legislation used to force the ban through in England and Wales – the 1949 Parliament Act – was illegal. The government last November used the Parliament Act to push the hunting ban through following continuous opposition to a ban in the House of Lords. The ban made hunting with dogs a criminal offence.

Held: Lord Bingham of Cornhill for their Lordships said it was valid.

Nine of the 12 Law Lords, rather than the usual 5 heard the case because of its constitutional importance.

Legislation passed using the Parliament Acts is not subordinate legislation but primary legislation.

The authority of Picken v British Rail is not doubted by the instant case, which has only proceeded at the invitation of the Attorney General. Picken, was an enquiry into the workings of Parliament where it was said that Parliament had been misled and so, had proceeded on a false basis, the instant case was not such an enquiry. The instant case firstly asked if Acts that created the Hunting Act were “enacted law”. Secondly, a question of law had been raised which had to be resolved by either the courts or Parliament, and because Parliament could not do so it was up to the courts.

Hunting ban upheld