Legal Challenge
In Jackson v Attorney General, the validity of the Parliament Act 1949 was questioned because it used the 1911 Act. The challenge asserted foremost that the 1949 Act was delegated rather than primary legislation, and that the 1911 Act had delegated power to the Commons. If this were the case, then the Commons could not empower itself through the 1949 Act without direct permission from the Lords. Since it was passed under the 1911 Act, it had never received the required consent of the Lords. However, the 1949 Act was found to be legal. The 1911 Act, it was concluded, was not primarily about empowering the Commons, but rather to restrict the ability of the Lords to affect legislation. This ruling also means that efforts to abolish the House of Lords (a major constitutional change) using the Acts could be successful, although the issue was not directly addressed in the ruling.
Read more about this topic: Parliament Act 1949
Famous quotes containing the words legal and/or challenge:
“... whilst you are proclaiming peace and good will to men, Emancipating all Nations, you insist upon retaining absolute power over wives. But you must remember that Arbitrary power is like most other things which are very hard, very liable to be broken—and notwithstanding all your wise Laws and Maxims we have it in our power not only to free ourselves but to subdue our Masters, and without violence throw both your natural and legal authority at our feet ...”
—Abigail Adams (1744–1818)
“If the technology cannot shoulder the entire burden of strategic change, it nevertheless can set into motion a series of dynamics that present an important challenge to imperative control and the industrial division of labor. The more blurred the distinction between what workers know and what managers know, the more fragile and pointless any traditional relationships of domination and subordination between them will become.”
—Shoshana Zuboff (b. 1951)