Jackson & Ors, R (on the application of) v HM Attorney General

Jackson & Ors, R (on the application of) v HM Attorney General

The Parliament Act 1911 permitted amendment of its own provisions by the procedure it established, provided the amendment is not of a fundamentally different nature from the original constitutional settlement. The 1949 Act, which reduced the Lords' delaying power, was a modest and lawful amendment. The Hunting Act 2004, enacted under the 1949 Act, is valid. The courts have jurisdiction to determine the validity of such Acts, and the consistent recognition of the 1949 Act by Parliament, the courts, and the public reinforces its validity.

Parties
Appellant: Jackson & Ors; Respondent: HM Attorney General; Intervener: League Against Cruel Sports (Intervener)
Jurisdiction
England and Wales
Judgment Date
16 February 2005
Procedural Posture
Constitutional/public Law / Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Validity of Acts of Parliament, Parliament Acts 1911 and 1949, Legislative Procedure, Sovereignty of Parliament, Delegated Legislation, Entrenchment of Constitutional Statutes
Constitutional Law Statutory Interpretation Administrative Law Validity of Acts of Parliament Parliament Acts 1911 and 1949 Legislative Procedure Sovereignty of Parliament Delegated Legislation +1 more

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Parties

Jackson & Ors

Appellant

HM Attorney General

Respondent

League Against Cruel Sports (Intervener)

Intervener

Procedural Posture

Constitutional/public Law / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Parliament Act 1949 was lawfully enacted under the Parliament Act 1911
  2. 2 Whether the Hunting Act 2004 is valid if enacted under the 1949 Act
  3. 3 Whether the 1911 Act permits amendment of its own conditions without the consent of the House of Lords

Ratio Decidendi

The Parliament Act 1911 permitted amendment of its own provisions by the procedure it established, provided the amendment is not of a fundamentally different nature from the original constitutional settlement. The 1949 Act, which reduced the Lords' delaying power, was a modest and lawful amendment. The Hunting Act 2004, enacted under the 1949 Act, is valid. The courts have jurisdiction to determine the validity of such Acts, and the consistent recognition of the 1949 Act by Parliament, the courts, and the public reinforces its validity.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs