ABSTRACT

Parliament, in the exercise of its sovereign power, may specify particular procedures which must be undertaken in order to enact legislation. It has been seen, for example, that the Northern Ireland Constitution (Amendment) Act 1973 provided that the six counties of Northern Ireland shall not cease to be part of the United Kingdom unless the proposed separation is approved by a majority of the electorate in a border poll (referendum). This may be interpreted to mean either that parliament has specified the procedure – or manner and form – for enacting laws, or that parliament has ‘redefined’ itself for the purposes of enacting laws, by including in the definition of parliament the electorate of Northern Ireland. Any provision relating solely to procedure but not affecting the composition of parliament may be termed a ‘manner and form’ provision; whereas when the actual composition of parliament is altered, the appropriate term is ‘redefinition’. The Northern Ireland Constitution (Amendment) Act straddles both theories.