Parliamentary sovereignty Essay Example for Free

Jowell, 'parliamentary sovereignty under the new constitutional hypothesis' [2006] PL N.

Parliamentary sovereignty Essay

However, following the Parliament Acts of 1911 and 1948, the House of Commons limited the power of the House of Lords, thus reducing the checks and balances to the power held by the House of Commons. Furthermore, with the decline of the royal executive power, in its place arose a powerful prime minister position, further consolidating the power of the government in the second half of the 20th century. Reddy argues that the flexible and uncodified nature of the UK constitution has given parliament much freedom and liberty to change and modify laws as they pleased. The evidence of the extremity of this freedom is noted where in 1972; the Westminster Parliament dissolved the Northern Ireland Parliament, which had been in existence for more than fifty years. They created it again in 1973 as Northern Ireland Assembly, dissolved it in 1974, created it again in 1982, abolished it 1986, again created another in 1998, suspended it in 2002, dissolved it in 2003, and finally creating the one which is existing in the present in 2007. In the recent past, there have been developments aimed to limit the parliamentary sovereignty such as the Human rights Act of 1998, the European Union membership, devolution of power to Welsh and Scottish parliaments, and the development of the UK Supreme Court in 2009.

Barber, 'The afterlife of Parliamentary sovereignty' [2011] OJLS 144, 150562, 577R.

Essay on Parliamentary Supremacy - 991 Words

The conflict between the traditional concept of sovereignty of Parliament - a concept which purports that the United Kingdom's legislative body (Parliament) is supreme to all other government institutions - and the concept of European supremacy.

National sovereignty is often used to mean the people, through their national government, govern their own affairs. The UK, a nation which...

However, it is doubtful that the episode presents an existential challenge to parliamentary supremacy because at any time Parliament could itself extricate itself from EU scrutiny by legislating to leave the European Union. Nor does the Human Rights Act 1998 pose a real challenge to supremacy. As one commentator points out, Parliament is free to choose not to amend a provision of the Act even when it has been declared incompatible with the European Convention on Human Rights by a judge.

“the sovereignty of Parliament can be said to be based upon decisions ofthe courts in applying Acts of Parliament” (Bradley, 2004: 29)

Parliamentary Sovereignty Free Short Essay Example

Based on the Diceyan theory, UK courts have no power to invoke any common law to show that the statutes made by the parliament are unconstitutional. This is because "there is no higher form of law that the will of the parliament". Dicey’s view have been analysed over the years, two opposing sides have developed regarding the parliament’s sovereignty to do as they will without checks. First, there are those such as Goldsworthy and Lord Bingham who have noted that absolute sovereignty as discussed by Dicey does not apply in the contemporary UK parliament taking into account the various constitutional processes that have taken place over the recent past. Reforms such as devolution settlements to bodies such as the Welsh parliament have given such bodies the power to balance and check the interests of the people with regard to various parliamentary legislations. Furthermore, the development of the Constitutional Reform Act in 2005 and the Human rights Acts 1998 have played a key role in limiting parliamentary sovereignty. The Constitutional reform Act puts in place the statute on the rule of law which emphasized on the significance of creating a UK Supreme court. The proposers of this view argue that such constitutional reforms show that Parliamentary sovereignty is not dictatorial or unchecked, and thus seek to show that parliamentary sovereignty is a critical part of the country and various bodies and functions such as judges "should be subservient to the legislative supremacy of Parliament".

Parliamentary Supremacy Essay Example | Topics and …

A. V. Dicey’s traditional definition of parliamentary sovereignty cast Parliament as the supreme legislative force in the British constitution. The verdict was given in 1885, prior to many of the pressing constitutional changes of the twentieth century. His definition had three aspects. First, Parliament is the supreme law-maker, entitled to formulate and pass any law that it wishes. Second, the supremacy of legislation means that no other constitutional body, including the courts, can question it. Third, no Parliament is able to bind its successors or alternatively been bound by its predecessors. This essay will assess the traditional Diceyan view in the context of modern developments.

Parliamentary Sovereignty - Essay Samples

Parliament’s status as the only body able to formulate and pass legislation has its roots in the conflict between the monarchy and the legislature in the seventeenth century, when the king attempted to rule by prerogative. The Bill of Rights that followed in 1689 subordinated the monarchy and the judiciary to Parliament’s supreme law-making power. Parliament can even go so far as to pass laws with retrospective force, as it did with the War Damage Act 1965 to deny compensation to an oil company whose installations had been damaged during the Second World War.