Doctrine of the Supremacy of Parliament in the Modern United Kingdom - Essay Example

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Topic: ‘The classic account given by Dicey of the doctrine of the supremacy of Parliament, pure and absolute as it was, can now be seen to be out of place in the modern United Kingdom.’ Lord Steyn in R (on the application of Jackson and others) v Attorney General- An Analysis It is widely acknowledged that there is no written constitution in UK…
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Doctrine of the Supremacy of Parliament in the Modern United Kingdom
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Download file to see previous pages Though, the judiciary was not isolated institutionally from the Parliament, but, the judiciary was and is considered as having been employing or employed a sizeable magnitude of independence from that of Parliament. When the Bill of Rights introduced in 1689, it attempted to regulate the association between the Parliament and the Queen in a legitimate dominion, and it has been custom of the court to give due recognition to the pre-eminence of an Act enacted by the Parliament1. By the enactment of Bill of Rights, in 1689 can be said that it recognised the customary view that the supremacy of the Parliament as it stated that in Chapter 02-1, that the “pretended authority to enact or annul laws by so-called regal authority without approval of the parliament is not legally valid, and this had made the Parliament’s law enacting authority above that of monarchy. Before the passing of the Bill of Rights, it could be claimed by the judiciary that the common law ( judge made laws or verdicts given by judges) regulated statutes thereby making them invalid if an Act is said to be against common reason or right or not possible to be implemented as held in Dr Bonham’s case2. As per Wade3, the concept that the Parliament is independent since the judge recognises Parliament’s political and legal supremacy. ...
However, Dicey’s5 strict elucidation that the parliamentary sovereignty is the supreme is not free from criticism as in recent times, there has been judicial rejuvenation as corroborated by judicial verdicts that the courts in UK consider themselves as preserving some residual privileges to refute the authority of legislation. Lord Woolf6 viewed that "“finally there are even restrictions on the domination of parliament which it is the UK’s court absolute power to recognise and endorse7. In Jackson v Attorney General8, Lord Steyn, viewed scepticism whether the Diceyan view that parliament sovereignty was still holds good9: “The typical description made by Dicey on the “doctrine of dominance of the Parliament is absolute and pure, as it had been, can now be regarded as gone out of practice in the modern era of UK. Nonetheless, the domination of Parliament is yet regarded as the general principle of UK’s constitution. It is a notion that has been built upon the common law. Judicial rejuvenation can be explained as judge made laws. In such scenarios, it is not preposterous that scenarios could occur where the courts may have to hold good a principle formulated on a varied theory of constitutionalism10.” While finding the proposition of the HRA (Human Rights Act) for parliamentary sovereignty , Alison Young11 was of the view that the courts should interpret and offer impact to the laws so that it becomes in line with the rights enshrined in the European Convention on Human Rights , 1950(ECHR). In case , if it is impossible to locate a convention well-matched with elucidation of a statue , then some courts are toothed with the authority to hold non-binding Declarations of Incompatibility ...Download file to see next pagesRead More
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