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The Principle of Parliamentary Sovereignty - Research Paper Example

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The paper describes the concept of parliamentary sovereignty. Parliamentary sovereignty is a politico-legal principle enshrined within the constitution of the United Kingdom. The concept of parliamentary sovereignty connotes that the Parliament stands to be the supreme legal authority in the UK…
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The Principle of Parliamentary Sovereignty
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Download file to see previous pages The principle of parliamentary sovereignty was held high in Jackson v Attorney-General by Lord Bingham. Jackson v Attorney-General was a pivotal House of Lords case that brings to fore the legality of the Parliament Acts 1911 and 1949 in the context of banning fox hunting by passing the Hunting Act 2004. The Hunting Act 2004 was passed while ascribing to section 2 of the Parliament Act 1911, which was amended by section 1 of Parliament Act 1949, in the sense that the Act was passed sans the consent of the House of Lords after the expiry of the prescribed delay. In that sense, Jackson v Attorney-General stood to be an important case lies within the scope of the principle of parliamentary sovereignty. Within the sphere of the parliamentary sovereignty, Jackson v Attorney-General raised the question raised the questions regarding the validity of all the legislation passed under 1949 Parliament Act as the appellants argued that the Hunting Act passed under the 1949 Parliament Act was invalid, because the parent act was passed while ascribing to the 1911 Act, a privilege that the 1911 Act never intended to allow. Since the Enrolled Bill Doctrine enunciated that the courts of law could not look into the procedural aspects of passed legislation, the bigger question that this case raised was that whether it was allowable to courts to challenge an Act passed by the Parliament. Lord Hope put an end to this controversy by referring to the principle of pre-enactment practice when he said that: “The political reality is that of general acceptance by all the main parties and by both Houses of the amended timetable which the 1949 Act introduced. ...Download file to see next pagesRead More
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