“What was the significance of the decision in the AXA case? Explain the facts of the case and what it tells us about the powers of the Scottish Parliament? [491] In 2011 are there any limitations to the legislative power of the Westminster Parliament and the traditional concept of Sovereignty of Parliament? Explain the difference in comparison to the limits on the powers of the Scottish Parliament. [1021]”

A V Dicey definitively settled that: Parliament can make or unmake any law whatsoever and secondly it says no-one, including the courts, can set aside an Act of Parliament. Parliamentary sovereignty arose in the 17thcentury when laws were seen to stem from Parliament, not just the King. Parliamentary sovereignty means that there is no other law-maker which is as superior as Parliament. It is known that the courts, generally, agree with the fact that statute is determined by Parliament; there are however discrepancies. Thus, with reference to Parliamentary supremacy, the diversity of Westminster and The Scottish Parliaments power is questioned.

In the controversial case of AXA General Insurance Ltd, Petitioners , AXA insurance company appealed when the Inner-House of the Court of Session abandoned their claim when they sought to contend the lawfulness of the Damages (Asbestos…(short extract)