R (Jackson) v AG

R (on the application of Jackson and others) v Her Majesty’s Attorney General

[2005] UKHL 56; [2006] 1 AC 262

House of Lords

Facts:

The Hunting Act 2004 was passed to prevent the hunting of mammals with dogs.

The House of Lords rejected the bill several times, leading the House of Commons to invoke the Parliament Act to send the bill for royal assent. The bill was given royal assent and enacted.

Legal Facts / Procedural History:

Administrative Court

Court of Appeal

House of Lords

Legal Issues:

Whether the Hunting Act was a valid Act of Parliament.

Appellant (Jackson) Arguments:

The Hunting Act was passed under the Parliament Act 1949. The Parliament Act 1949 was passed using the Parliament Act 1911. As the Lords did not pass the 1949 Act, the Hunting Act cannot have legal effect.

Jackson is seeking for the court to declare that neither Hunting Act nor Parliament Act 1949 are valid.

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Judgement (Bingham LJ, Nicholls LJ, Steyn LJ, Hope LJ, Rodger LJ, Walker LJ, Hale LJ, Carswell LJ and Brown LJ):

Appeal dismissed (unanimous decision).

Bingham LJ:

The issue cannot be resolved in Parliament, but it would not be consistent with the rule of law to leave the problem unresolved. Therefore, the courts can exercise their power to interpret the statute.

The wording of the 1911 Act is clear that subsequent Acts passed under it are primary legislation, not delegated legislation.

He believes that the Parliament Act(s) can be used to enact any type of bill, except those specifically mentioned in the 1911 Act (the majority disagree with this).

Nicholls LJ:

Interpretation of statutes falls on the courts, not Parliament.

The Parliament Act could not be used to extend the life of Parliament as this would be contrary to Parliament’s intention in 1911. The Act’s wording is very clear and precise about this.

Steyn LJ:

Notes that the government could introduce far-reaching constitutional change, such as abolishing the House of Lords, if the court rules in their favour. They could also introduce ‘oppressive and wholly undemocratic legislation’.