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R (Jackson) v Attorney General [2005] EWCA Civ 126

Acts of Parliament – Hunting – Parliamentary sovereignty – Subordinate legislation – Constitutional settlement – Validity of Parliament Act 1949 and Hunting Act 2004 – Parliament Acts – Validity – Amendments – House of Commons – House of Lords - Parliament Act 1949 - Parliament Act 1911, s 2(1) and s 3

25 February 2005

Summary There was power to amend the Parliament Act 1911 to the extent of the amendment contained in the Parliament Act 1949 and accordingly the Hunting Act 2004 was validly made in accordance with the provisions of the 1911 and 1949 Acts. The appellant members of the Countryside Alliance (C) appealed against the decision ([2005] EWHC 94 (Admin)) that the Parliament Act 1949 had been validly made under the power contained in the Parliament Act 1911 to enact legislation without the consent of the House of Lords and that the Hunting Act 2004 had been validly made under the 1949 Act. The Hunting Act 2004 became an Act of Parliament without the assent of the House of Lords pursuant to the provisions of the Parliament Act 1911 as amended by the Parliament Act 1949. The 1911 Act had restricted the ability of the House of Lords to delay the enactment of legislation by providing that after a period of two years had elapsed in the circumstances described in the 1911 Act a B...

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