Is the UK Parliament Still Legally Sovereign - Assignment Example

Is the UK Parliament still legally sovereign today? Introduction In the United Kingdom, the legislative or judicial entity has the supreme and unrestricted power to make legislative and judicial decisions. 1The decisions made by the Parliament are held sovereign because no other body in the United Kingdom can override the legislative or judicial decisions enforced by the Parliament. According to the British constitution, the right to pass, amend, repeal, sanction, and implement laws lies with the parliament. British officials claim that the dominant characteristic of the political institutions in the United Kingdom is the sovereignty of the Parliament. The English Constitution has granted the Parliament with the right to formulate laws and ensure their enforcement. The legal sovereignty of the British Parliament is vested in the legislation which contrasts with the federal states where sovereignty is vested in the constitution. 2 The doctrine of British parliamentary sovereignty is portrayed as a myth by certain critics because of the fact that the myth is utilized as a cover to conceal the true nature of British constitutionalism. In reality, the “collaborative enterprise” engagement between parliament and the courts provides the proof for the division of sovereignty between the British courts and Parliament. Moreover, the foundation of the constitution is thought to be based upon a common law “principle of legality”. According to the “principle of legality” the ultimate authority to interpret and enforce lies not with the Parliament but with the British courts. Even today, the British constitution seems to be inexorably moving in a direction where it will not have any sovereignty in the near future. According to certain critics the existence of sovereignty of the British parliament is a dubious notion because it never existed and the doctrine of parliamentary sovereignty is nothing more than an illusion. Whereas, some critics justify the existence of parliamentary sovereignty by stating that it is a deviation from the historically venerable constitutional tradition and has a limited existence. Such critics also claim that the vulnerable British constitution is in dire need of restoration which would inevitably provide the ultimate sovereignty that the parliament deserves. On the other hand, most critics today claim that recent developments reveal the fact that the once sovereign British parliament has lost its sovereignty with time. Some critics state that the British Parliament has enjoyed limited sovereignty throughout the history of the UK. They claim that the limited sovereignty is endangered and with time it is becoming increasingly difficult for the parliament to retain its sovereignty. 3 Is Parliamentary Sovereignty an Illusion? According to Philip Joseph the British parliament has never been sovereign and the doctrine of parliamentary sovereignty is a direct result of “lazy thinking”. In describing the British Parliamentary sovereignty, Philip Joseph states, “sovereignty implies autocracy but legislative power has never been of this nature”4. The “perverse legal theory” of Parliamentary sovereignty is regarded by many as a skewed conception of legislative power. This skewed nature of the legislative power is a cover to disguise the non existence of a true constitutional balance between the political and judicial branches of the British government. However, Philip’s claims and suggestion have no evidence. The opponents state that it is not true to consider that the parliamentary sovereignty has no existence and they claim that Joseph is unwilling to accept the fact that the power to invalidate the legislation currently lies with the courts. 5 Over the recent years, the sovereignty of the British Parliament has been regarded as out of date and in dire need to restoration. Most critics consider that the issue of the existence of parliamentary sovereignty has been reduced to being mentioned only in the inside pages of the Daily Telegraph or by the stuffy backbenchers of the British parliament. The general public asserts that true democracy means that the sovereignty should lie in the constitution and all institutions of the United Kingdom. The English society as a whole has decided that the parliament should be sovereign. The existence of the political doctrine of parliamentary sovereignty is denied by most critics who are proponents of the sovereignty of people. In reality, the sovereignty of the parliament is vested in the sovereignty of the English people. According to the proponents of Parliamentary sovereignty, the United Kingdom has a true democratic setup and the sovereignty is vested in the ultimate authority of the British constitution. 6 The pragmatic view of the parliamentary reform held by the conservative party has almost always succeeded in giving rise to controversies. In order to resolve this issue, the British officials have always stated that the principle and foremost institution of the British constitution is the Parliament and the House of Commons and the Lords. 7 According to the famous author Klaus von Beyme, the doctrine of popular sovereignty has superseded the older doctrine of parliamentary sovereignty in the democratization of parliamentary systems. The author considers that the sovereignty of British parliament has been fiction since the very start. When the cabinet and prime ministerial government developed the parliament lost its limited sovereignty because the responsible governments became the masters. Nonetheless, certain autonomy has almost always been retained by the parliament. The retained autonomy has had less room for maneuver when compared with the room for maneuver in the presidential system legislature. 8 The proponents of supreme power of the Parliament state claim that the sovereignty of the Parliament if the fundamental principle of British political system and constitutional law. The proponents justify the existence of British parliamentary sovereignty by stating that the parliament is the soul body responsible for formulating, amending, substituting, or repealing any law in the United Kingdom. The sovereignty is also reflected by the fact that the parliament has the right to draw constitutional laws by the procedures which are utilized in the development of ordinary laws. In simple words, the constituent authority and law making authority of the British Parliament has no legal difference. Moreover, the existence of sovereignty of the British Parliament is also reflected by the fact the Great Britain has no system of Judicial review. Therefore, the British judiciary does not have the right to declare the laws made by the parliament as invalid. The existence of parliamentary sovereignty is also reflected by the fact that the British Parliament has the right to amend the constitution in whichever direction they perceive it to be feasible. Moreover, the parliament can abolish any usage and rule of common law as well as impose a tax which clearly reflects the fact that the British parliament is sovereign no matter in a limited or an ultimate fashion. Lastly, the parliament can make decisions independently without intervention of the judiciary is another fact which mirrors the fact that the sovereignty of the British parliament is certainly not an illusion. 9 According to Sir Edward Cork, “The power and jurisdiction of Parliament is so transcendent and absolute as it cannot be confined either for persons or causes, within any bounds”. 10 In simple words, Edward Cork states, that the British Parliamentary sovereignty is not fiction and is the fundamental principle of the British constitutional law. Sir Edward Cork regards parliamentary sovereignty as the basis of democracy in the United Kingdom. According to Blackstone, the supreme and the unlimited power to formulate, amend, sanction, and interpret all kinds of laws lies with none other than the British Parliament. Thus, the Parliament is the ultimate authority in the United Kingdom. 11 Conclusion The debate over the sovereignty of British parliament is an everlasting one. Nonetheless, the most peculiar and powerful institution in Great Britain is their Parliament. The parliament has the right and power to do anything apart from turning a man into a woman. The Parliament is a legislative as well as a constituent assembly. The Parliament has unlimited powers in almost all dimensions of the British constitutional law. The most supreme law making body in the United Kingdom is the British Parliament. Keeping all the above stated facts, it is a dubious notion to consider that the British Parliamentary sovereignty does not exist. The sovereignty however is regarded by most critics as being limited. In reality, the sovereignty of the parliament is limited because it does not have the right to alter the succession to the throne. The only way the British Parliament can alter succession to the throne is when it has the consent of parliaments in the other common wealth of nations. On other hand, the Parliament is morally bound by the custom consent. Therefore, the will of the people is the ultimate supreme power in the United Kingdom. Furthermore, the major limitation on the British Parliament’s sovereignty is the moral code of the English people. Nonetheless, the supreme authority in the United Kingdom lies with the Parliament whose actions are in turn morally bound by the English people. The moral bounding by the English public is what limits the sovereignty of the British Parliament. 12 References: Goldsworthy, Jeffrey D. Parliamentary Sovereignty: Contemporary Debates. Cambridge: Cambridge University Press, 2010. Print. Pilkington, Colin. Devolution in Britain Today. Manchester: Manchester University Press, 2002. Print. Turpin, Colin, and Adam Tomkins. British Government and the Constitution: Text and Materials. Cambridge ; New York: Cambridge University Press, 2007. Print. Constitutional Reform in the United Kingdom: Practice and Principles. Oxford: Hart Pub, 1998. Print. Beyme, Klaus . Parliamentary Democracy: Democratization, Destabilization, Reconsolidation, 1789-1999. Houndmills, Basingstoke, Hampshire, England: Macmillan, 2000. Print. Bhatt, U. A Complete Course in Political Scince. Pitambar Publishing Company Ltd, New Delhi, India, 2009. Read More