Nobody downloaded yet

The Principle of Parliamentary Sovereignty - Research Paper Example

Comments (1) Cite this document
Summary
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…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
The Principle of Parliamentary Sovereignty
Read TextPreview

Extract of sample "The Principle of Parliamentary Sovereignty"

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
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/1439670-parliamentary-sovereignty
(Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 Words)
https://studentshare.org/law/1439670-parliamentary-sovereignty.
“Parliamentary Sovereignty Essay Example | Topics and Well Written Essays - 1000 Words”, n.d. https://studentshare.org/law/1439670-parliamentary-sovereignty.
  • Cited: 0 times
Comments (1)
Click to create a comment or rate a document
wb
wbrekke added comment 2 months ago
Student rated this paper as
The topic of "The Principle of Parliamentary Sovereignty" was hard to find. I spent countless hours to find it. Here at StudentShare, I got the finest example. Many thanks!

CHECK THESE SAMPLES OF The Principle 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... of defined...
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

...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...
4 Pages(1000 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

Parliamentary sovereignty is a principle of the uk constitution. It makes Parliament the supreme legal authority in the uk, which can create or end any law. Generally, the courts cannot overrule its legislation and no parliament can pass laws that future

...Critically analyse this ment "Parliamentary sovereignty is a principle of the United Kingdom constitution. It makes Parliament the supreme legal authority in the United Kingdom ., which can create or end any law. Generally, the courts cannot overrule its legislation and no parliament can pass laws that future parliament cannot change. Parliamentary sovereignty is the most important part of the United Kingdom constitution". Abstract This paper considers how important parliamentary sovereignity is in the United Kingdom looks at how this has developed, but also at how, in comparatively recent times, that same parliament has given away , or had taken from it, at least some of its powers within the United Kingdom and the reasons... ...
8 Pages(2000 words)Coursework

Is Parliamentary Sovereignty a Myth

...in theory and practice. Sovereignty is the dominant feature of a political institution. Regarding Great Britain, parliamentary sovereignty is considered as the most fundamental element of its constitution. It is the key stone of the law of its constitution. The parliament is so powerful that it can enact or repeal any law and the courts have no authority to judge statutes invalid for violating either moral or legal principles of any kind. As a result of it there are no fundamental constitutional laws that the parliament is unable to alter. When discussing the parliamentary sovereignty, there arises a dispute concerning the law of the...
4 Pages(1000 words)Essay

Parliamentary Sovereignty

...two branches namely – the executive and judicial branches. This is often not in best interests of the principle trias politica, which requires that the three branches of government to be equally poised, function in harmony with each other and not exert any unwarranted pressure.2 Specifically, in Britain, the House of Commons gained supremacy over the House of Lords after the institutional transformations that took place in the 19th and 20th centuries. Thus, by virtue of parliamentary sovereignty, the House of Commons, obtained supremacy over the judiciary. 3 Parliamentary Sovereignty can be regarded as a tightly knit conception that is based upon...
7 Pages(1750 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...
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 Research Paper on topic The Principle of Parliamentary Sovereignty for FREE!

Contact Us