Nobody downloaded yet

Parliamentary sovereignty - Essay Example

Comments (0) Cite this document
Summary
The notion of Parliamentary Sovereignty has been central to democratic practice for a considerable period of time. In a democracy, the legislature is elected by popular vote and this has been a major feature of the English Constitution…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.3% of users find it useful
Parliamentary sovereignty
Read TextPreview

Extract of sample "Parliamentary sovereignty"

Download file to see previous pages The notion of Parliamentary Sovereignty has been central to democratic practice for a considerable period of time. In a democracy, the legislature is elected by popular vote and this has been a major feature of the English Constitution. In the initial stages of democracy in Britain, liberty was at grave risk due to monarchical power.1 As a consequence of the doctrine of Parliamentary Sovereignty, the Parliament was empowered to enact or rescind any law whatsoever. In addition, no individual or organisation was permitted by English Law to set aside or overrule legislation enacted by Parliament. In R (Jackson) v Attorney General,2 Lord Hope stated that Parliamentary Sovereignty was not absolute. Thereafter he referred to the enactment of the 1972 European Communities Act and the 1998 Human Rights Act which had effectively diminished the power of Parliament to legislate.3 There was disagreement among their Lordships, regarding the ruling in R (Jackson) v Attorney General. This divergence in view related to whether the process detailed under section 2 of the Parliament Act 1911 and 1949, could be employed by the House of Commons to extend the life of Parliament beyond 5 years. The decision in the Jackson case apparently supports this view. Most of the members of the House of Lords were against this conclusion.4 However, they were signally unable to substantiate it in a manner that was consistent with promoting the supremacy of Parliament. In particular, Lord Hope highlighted the fact that the notion of absolute legislative sovereignty of Parliament that had been derived by Dicey from Blackstone and Coke was undergoing gradual change. However, in his judgement in this case, Lord Hope refrained from explicitly declaring that the courts lacked the power to question the validity of legislation for the reason that the latter was incompatible with union legislation.5 However, Lord Hope was of the opinion that union legislation was a tangible constraint on Parliamentary Sovereignty. As per Lord Hope, the doctrine of Parliamentary Sovereignty was central to the Constitution. However, due to certain developments, Parliamentary Sovereignty was not absolute. Consequently, it would be incorrect to contend that Parliament’s freedom to legislate is unrestricted.6 In addition, Lord Hope stated that the rule of law, which was implemented by the courts, was the decisive controlling factor, and that the Constitution was founded on this element. Furthermore, Parliamentary Sovereignty would be rendered a hollow doctrine, if the general public refused to acknowledge legislation enacted by it, on the grounds that it was extremely offensive and incongruous. The fulcrum of the British Constitution is the doctrine of Parliamentary Sovereignty. Dicey, wrote extensively on the doctrine of Parliamentary Sovereignty and deemed it to be the underlying feature of British political institutions, as well as the very bedrock of constitutional law.7 As per Dicey, parliament can repeal or enact any law and the judiciary cannot hold a statute to be invalid for the reason that it breaches legal or moral principles.8 Thus, every fundamental law, with the exception of the principle of Parliamentary Sovereignty, can be altered by Parliament. One of the critical features of the rule of sovereignty is that no parliament has the power to bind its successors. Thus, there is no avenue, whereby a parliament can ingrain an Act of Parliament.9 In other words, every Act of Parliament can be repealed by subsequent legislation. Dicey was a strong proponent of the thought that the Rule of Law would be affected by discretionary power, as the latter would ultimately result in arbitrary decisions. This has been criticised by some scholars, who have contended that discretion is inevitable in a modern state, if a wide range of regulatory and welfare duties have to be carried out.10 All the same, several important values are incorporated in the Rule of Law, such as access to justice, accountability, certainty, due process, efficiency, ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Parliamentary sovereignty Essay Example | Topics and Well Written Essays - 1000 words”, n.d.)
Retrieved from https://studentshare.org/law/1438935-parliamentary-sovereignty
(Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1438935-parliamentary-sovereignty.
“Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1438935-parliamentary-sovereignty.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Parliamentary sovereignty

Public Law - Parliamentary Sovereignty

...?Our Constitution is dominated by the sovereignty of Parliament. But Parliamentary Sovereignty is no longer, if it ever was ... it is no longer rightto say that Parliament’s freedom to legislate admits no qualification whatever. Step by Step, gradually surely the English principle of the absolute sovereignty of Parliament which Dicey derived from Coke and Blackstone is being qualified (Jackson and others v Attorney General [2005] UKHL 56, per Lord Hope of Craighead. Critically examine the contention that parliamentary sovereignty is being “qualified” as Lord Hope suggests Within established constitutional convention, the separation of powers doctrine is rooted in the importance of independence to the functioning of democracy1... ...
6 Pages(1500 words)Essay

Parliamentary sovereignty

...?Parliamentary Sovereignty By Introduction In the prehistoric era man was slave to man. Traditionally, man was treated as an entity, astonishingly, by creatures belonging to his very own race, humans. Man was bought and sold in open markets. But with the passage of time things changed as we witnessed the era of renaissance, marked by the progress and development of man from an animal to a social animal. Though the times have changed but still, the struggle continued. Indeed the subjects changed, the barriers transformed and the roles in the society revolutionized but still man kept on striving for freedom and independence. The term freedom or independence here must not be associated to escaping from human slavery in fact over time... and...
6 Pages(1500 words)Essay

Parliamentary Sovereignty

...?Parliamentary Sovereignty By Word Count (Excluding foot s and bibliography 308 Words. Parliamentary Sovereignty During the 1880s, Oxford Professor A.V. Dicey proposed a theory of Parliamentary sovereignty that encompassed a hierarchal constitutional structure with Parliament reigning supreme. Dicey’s theory of Parliamentary sovereignty has wielded significant influence over definitions and concepts of Parliamentary sovereignty until recently.1 Specifically, Dicey argued that Parliament, elected by and representing the public, had the authority to make and unmake any...
5 Pages(1250 words)Coursework

The doctrine of parliamentary sovereignty

...The work is devoted to the discussion of the doctrine of parliamentary sovereignty, which has for long been the of active arguments, and its role and possibility of adopting the constitution, which will be entrenched against future alterations and will be capable of effectively limiting the executive power and the power of legislatures. The main conclusion of the work is that the doctrine of parliamentary puts unlimited power on Parliament, depriving the courts of their legal rights to abolish certain laws and acts, and making them bound to the need of applying any laws passed through Parliament, thus the possibility of adopting of the constitution which will be entrenched against...
6 Pages(1500 words)Essay

Parliamentary Sovereignty

...Topic: Parliamentary Sovereignty Language Style: English UK Grade: 2 Answer: To understand and assess the question, it is necessary to look back to 1945 and a Europe that had been devastated by war: politically, economically, and socially. In the desire to attain some form of harmony in order to guarantee peace and to rebuild Europe. The Treaty on European Union (Maastricht) 1992 involved the creation of the European Union. UK incorporated of the EC law into domestic law by European Communities Act 1972. By virtue of ss .2 (1), 2(2), and 2(4) EC law was directly incorporated.1 Art. 221 provide that the Court of Justice will consist of fifteen judges. They are appointed is for six term of office of six years through the term... of...
4 Pages(1000 words)Essay

Is Parliamentary Sovereignty a Myth

...Is parliamentary sovereignty a myth? Sovereignty is defined as the supreme, absolute and uncontrollable power by which an independent is governed. It is the supreme political authority and the absolute power of the constitution to administrate a state. But the definition is some times questioned as it cannot be practiced as exactly in the definition. The concept of sovereignty is some times tossed between reality and myth. After a thorough analysis one may have bend to the opinion that sovereignty is a myth. When examining the history of Great Britain, one can discover that there existed sovereignty even in the feudal times. But in those days it resided unsteadily up on the monarch. 17th century witnessed a drastic change... in theory and...
4 Pages(1000 words)Essay

Discribe the parliamentary sovereignty from constitutional prespective

... Describe the Parliamentary Sovereignty from Constitutional Perspective In the event one puts any constitution applied ina democratic country regardless of whether it is written or not, one can make the determination that the ultimate power in the constitution stems from either a matter of convention or statute. In the event that a country has a written constitution, it is imperative that the courts will base their decisions on the formal document. However, for countries such as the United Kingdom that do not have a codified law, the determination of the right approach to the issues is a matter that has culminated in a lot of debates among jurists1. According to the conventions of the British constitutional law in the past century... , it is...
3 Pages(750 words)Essay

Parliamentary Sovereignty

...Parliamentary Sovereignty Thesis ment The European Communities Act compromises Parliamentary Supremacy in the UK. This has been established by the following discussion. Introduction Parliamentary Sovereignty is a basic tenet, which dictates as follows. Parliament is the supreme legislative body that can enact, annul, or modify any law. It can, in its discretion alter the laws enacted by its predecessors, if it deems fit to do so. As per the words of an eminent scholar, the soul of Parliamentary Sovereignty can be embodied in the statement, “What the Queen in Parliament enacts is law”.1 In a tacit manner, it can now...
7 Pages(1750 words)Essay

Develop an arguable, creative, and unique thesis about one theme in The complete Persepolis

4 Pages(1000 words)Essay

Parliamentary sovereignty

...The Principle of Parliamentary Sovereignty and Judicial Supremacy in UK Essay Number of Words The Principle of Parliamentary Sovereignty and Judicial Supremacy in UK With the institutionalization of the constitution in the United Kingdom, Legislative supremacy is adept by firmly following the notion that Parliament does not apply its independence. Set up by the legislative arm of government in a domineering and totalitarian way. Judiciary independence depends on how the other arms of government maintain a dependent working atmosphere that allows them to work separately without any influence from other sources. It ensures that the rule of law is fully enforced and...
7 Pages(1750 words)Coursework
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Parliamentary sovereignty for FREE!

Contact Us