Nobody downloaded yet

Parliamentary Supremacy - Essay Example

Comments (0) Cite this document
The doctrine of Parliamentary Supremacy ‘has been the very foundation of the British constitution since at least the latter days of the nineteenth century.’(Carroll, Constitutional & Administrative law, 5th ed) 2009.
Carroll states:” The theory of ‘continuing’…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER92.8% of users find it useful
Parliamentary Supremacy
Read TextPreview

Extract of sample
"Parliamentary Supremacy"

Download file to see previous pages This actually outlines why the term parliamentary supremacy has been used.
“ Judicial statements that the court must simply interpret and apply that which had been so enacted, and may not question the procedure by which these consents were given, represent, therefore, no more than the rule of recognition in practice.”2
He doctrine of the legislative supremacy of parliament has been so firmly established that it has scarcely been challenged in the courts. When Canon Selwyn made an application questioning the validity of the Royal Assent to the Irish Church Disestablishment Act 1869 as being inconsistent with the coronation oath and the Act of settlement, Cockburn C.J, and Blackburn J in refusing the application said:” There is no judicial body in the country by which the validity of an Act of parliament can be questioned. An Act of legislature is superior in authority to any court of law….and no court could pronounce a judgment as to the validity of an Act of parliament.”3
In Martin v O’sullivan4, Nourse J and the court of appeal refused to consider a claim that proceedings in thee House of Commons during the passage of the Bill which became the social security Act 1975 were invalid because the members of the House were all disqualified from sitting.
There was, according to the judges, a fundamental answer to this case, namely, that a court only look at the parliamentary roll of statutes and if it appeared that an Act had passed both Houses of parliament and had received Royal assent it could look no further.
In Attorney-General for the New South Wales v Trethowan5, the constitution(Legislative council Amendment)Act 1929, an Act of the New South Wales parliament provided that the parliament’s upper House could not be abolished except by a Bill approved in a referendum after completing its parliamentary ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“Parliamentary Supremacy Essay Example | Topics and Well Written Essays - 2000 words”, n.d.)
Parliamentary Supremacy Essay Example | Topics and Well Written Essays - 2000 words. Retrieved from
(Parliamentary Supremacy Essay Example | Topics and Well Written Essays - 2000 Words)
Parliamentary Supremacy Essay Example | Topics and Well Written Essays - 2000 Words.
“Parliamentary Supremacy Essay Example | Topics and Well Written Essays - 2000 Words”, n.d.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
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... ...
6 Pages(1500 words)Essay
Parliamentary sovereignty
...that can be invoked, in order to circumvent the provisions of the law of the land, by Parliament. The courts, per se, have never supported any move to render Parliament superior to the law of the land. There have been a large number of cases, commencing with the Case of Proclamations to Jackson, in which the courts ruled that Parliament and other political institutions were subject to the law of the land.14 Moreover, UK, as a member of the European Union, It has to make laws that are compatible with the EC law. This restricts the supremacy of Parliament. This has been clearly indicated in several cases involving parliamentary privileges, wherein the courts made Parliament subject to the scrutiny of law....
4 Pages(1000 words)Essay
Parliamentary Sovereignty
...order to which Britain accepted by merely joining the EU and especially with the passage of the European Communities Act 1972. Lord Bridge stated that even before the UK joined the EU, it had been firmly established that EU law was supreme and binding on member states. By joining the EU, the UK had to have known that it was voluntarily given up some measure of Parliamentary sovereignty in favour of the Supremacy of Community Law. The 1972 Act, although a voluntary Act of Parliament, makes it abundantly clear that any misconceptions about Community supremacy is dispensed with. Under the 1972 Act, all national courts must apply Community law in the event there is a conflict between...
5 Pages(1250 words)Coursework
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
With rreference to recent case law discuss the impact of the human rights act 1998 on the doctrine of parliamentary supremacy
...1 WITH REFERENCE TO RECENT CASE LAW, DISCUSS THE IMPACT OF THE HUMAN RIGHTS ACT 1998 ON THE DOCTRINE OF PARLIAMENTARY SUPREMACY The United Kingdom’s constitution is unique because unlike many world constitutions wherein state order is based on a written definitive set of documents established at some particular points in history, UK do not have such codified, written set of documents called the UK constitution. Instead, it is a hodgepodge of statutes, case laws, miscellaneous rules all of which are in written form1. Treaties like the European Communities Act 1972, that had been incorporated into domestic law and termed as constitutional statutes are also part of the UK Constitution2 so are unwritten parliamentary constitutional... ...
4 Pages(1000 words)Essay
American global supremacy
...American Global Supremacy America is the manifestation of the true ‘global’ economy. Starting with its origins of ‘rebellious citizens form every country in the world’ (Steingart), who brought their own cultures and creativity, to the wonder that is America today, Americans have worked hard and fast to become one of the greatest nations in the history of the world. This essay attempts to discuss how America has come to be known as a ‘superpower’ and whether it is losing that position of late. The forefathers of this nation believed in the message of ‘hope and optimism’, says Mr. Walters, whom I interviewed for this project. I chose to interview him, my uncle who is going to be 75 in December, because he is a very...
4 Pages(1000 words)Essay
Supremacy of EU Law
...Critically discuss the principle of supremacy of EU Law and identify how Member s respond to this principle Introduction Researchers have revealed how the ECJ extended the span of European law with the intention that litigants possibly will use the European legal system to support trade in Europe, and to encourage essential substantive and political goals linked with European assimilation. Supporters of the competent global adjudication observe the ECJ as a constructive replica, looking for to take a broad outlook from the ECJ’s experience that the ECJ’s plan could be copied, and the judges could carry out their part well, there possibly will find several instance of efficient supranational arbitration (Helfer and Alter 1997... ). The...
10 Pages(2500 words)Essay
Parliamentary Sovereignty
...Parliamentary Sovereignty Thesis ment The European Communities Act compromises Parliamentary Supremacy in the UK. This has been established by the following discussion. Introduction Parliamentary Sovereignty is a basic tenet, which dictates as follows. Parliament is the supreme legislative body that can enact, annul, or modify any law. It can, in its discretion alter the laws enacted by its predecessors, if it deems fit to do so. As per the words of an eminent scholar, the soul of Parliamentary Sovereignty can be embodied in the statement, “What the Queen in Parliament enacts is law”.1 In a tacit manner, it can now be well understood that the...
7 Pages(1750 words)Essay
Not only is union membership a threat to parliamentary supremacy but the UK has not been benefited from any of the underlying aims and objectives of the European community, and therefore, should consider opting out of the European Union. Discuss
...EUROPEAN UNION MEMBERSHIP; A THREAT TO UK’S PARLIAMENTARY SYSTEM By + of European Union Membership; A Threat to UK’s Parliamentary System Parliamentary sovereignty is a cornerstone of the UK constitution making the Parliament the sovereign legal body in the UK that makes or removes any law (Kellerman 2011, pg. 9). Generally, the judicial courts cannot overrule its decisions, and no Parliament can legislate laws, which future Parliaments cannot amend. Thus, parliamentary sovereignty is the most critical part of the constitution of the UK. However, UK’s EU membership has been criticized as a threat to this supremacy. This essay discusses why Britain should...
2 Pages(500 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 law is fully...
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 Essay on topic Parliamentary Supremacy for FREE!
Contact Us