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State officials must have legal authority
Legal disputes to be solved by judiciary
Courts do sometimes recognise conventions
King cannot create new powers for himself
Crown's exemption to income tax could not be relied upon
Royal Prerogative allows the government to sign treaties
Enrolled Act Rule
Court has no power to disregard an act of parliament
Procedure in Parliament Act 1949 is valid
Statute may override international law
Statute may override conventions
Statute may operate retrospectively
Statute may abolish or curtail aspects of royal prerogative
Statute may abolish or curtail aspects of royal prerogative
Doctrine of Implied Repeal
2 types of statute
Can only repeal constitutional statutes by express provision
Repeal is invalid if does not conform to manner and form (Privy Council)
Court can rule act invalid if infringes Manner and Form (Privy Council)
Westminster may be bound by Acts of Union
EU Law - purposive approach, equal pay
EU Law - purposive approach, business transferred
EU Law - purposive approach, pregnany
Spanish Fishermen
UK can expressedly repeal EU Law
UK law must be interpreted in accordance with ECHR as far as possible
UK law must be interpreted in accordance with ECHR as far as possible
Court can declare statute incompatible
Court can declare statute incompatible