MacCormick v Lord Advocate

A Scottish court suggested that the Acts of Union may impose limits on Parliament, while declining to decide the point.

Citation
1953 SC 396
Court
Court of Session (Inner House)
Year
1953
Subject
Public Law
Topic
Parliamentary sovereignty

Facts

When Queen Elizabeth II came to the throne in 1952, she was proclaimed as Elizabeth the Second. Mr MacCormick, the Rector of Glasgow University, challenged this, arguing that because there had never been a Queen Elizabeth of the United Kingdom or of Scotland, the numeral contradicted the Treaty and Acts of Union of 1707, which he argued were fundamental law that the UK Parliament could not change.

Legal principle

The Court of Session dismissed the challenge, holding that the numeral was a matter of the royal prerogative and that the claimants had no title to sue. However, Lord President Cooper said, obiter, that the principle of the unlimited sovereignty of Parliament is a distinctively English principle which has no counterpart in Scottish constitutional law, and that the UK Parliament, created by the Treaty of Union, might not be free to alter its fundamental provisions. He also said that the question of whether a breach of the Treaty could be challenged in the courts was not justiciable. The case is cited in debates about whether parliamentary sovereignty has limits.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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