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Critically evaluate to what extent this statement is true giving consideration to judicial power as well as the effect of European Union (EU) law and the law of the European Convention on Human Rights (ECHR) - Essay Example

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This paper is an analysis on the extent in which the Parliamentary Sovereignty in the United Kingdom gives parliament the power to make and unmake any laws in the country (Dicey, 1902). In meeting up the objectives of this paper, this paper would try to analyze some of the…
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Critically evaluate to what extent this statement is true giving consideration to judicial power as well as the effect of European Union (EU) law and the law of the European Convention on Human Rights (ECHR)
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Extract of sample "Critically evaluate to what extent this statement is true giving consideration to judicial power as well as the effect of European Union (EU) law and the law of the European Convention on Human Rights (ECHR)"

Download file to see previous pages the constitution of the United Kingdom, Parliamentary sovereignty is an important principle, that defines the manner which the various laws enacted by parliament are implemented, and catered for. This concept recognizes the parliament as the Supreme authority, in relation to legal matters (Watts & Pilkington, 2005). The principles of parliamentary sovereignty further denote that the parliament in the United Kingdom has the sole authority of making and ending any laws that are implemented in the United Kingdom. Therefore, the courts in the United Kingdom do not have any power and authority of overruling any legislation passed by parliament. Furthermore, under this concept of parliamentary sovereignty, a sitting or current parliament has the power and authority to amend any legislations or laws that have been passed by past parliaments (Dicey, 1902).
This means that any sitting parliament is sovereign, in relation to matters that involve the passage of laws and legislations. However, it is important to explain that in accordance to the 1990, land mark case of Marleasing SA vs. La Comercial Internacionale, the Europe Court of Justice was able to rule that national countries have the responsibility of interpreting national laws and legislations, by themselves. These are laws and policies whose directives have not been issued out by the European Union. However, by closely looking at this judgement, the court was asserting that directives issued out by the European Union are final, and the any law passed by member countries, those conflicts with these directives, is null and void. This includes laws enacted by the British parliament, hence this judgment has the capability of affecting the sovereignty of the British parliament (Watts & Pilkington, 2005).
The parliament of the United Kingdom has been involved in the passage of laws, which limits this concept of parliamentary sovereignty. Some of the factors responsible for the passage of these laws are because of the ...Download file to see next pagesRead More
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