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Doctrine of parliamentary sovereignty essay

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The traditional view of the doctrine of parliamentary supremacy is that Parliament is legislatively omnicompetent. V Dicey. Parliamentary sovereignty has been qualified though not departed from in different ways by our adoption of the law of the European Union through the European Communities Act and by the Human Rights Act The parliamentary supremacy is the key legislative authority body to all governmental establishment in the country. Which implies the parliament can charge power to the local authorities, professional bodies and statutory instruments to enact legislation. Practically, the Parliament has the power to make and dissolve any law which means any law passed.
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Parliamentary sovereignty according to Dicey denotes that in English Law, a statute is the highest source of law and the Queen in Parliament may make or unmake whatsoever law. This also constitute that no other body may override any Act of Parliament. Whenever a new Acts of Parliament is legislated, Parliament will often include a list of older Acts to be repealed, this process is known as express repeal. Should the Parliament fail to explicitly repeal an older Law, it is the courts constitutional duty to disregard the older law that is not consistent with the latest statute. Though this theory has not been fully tested in the courts, there were some obiter support for the new view in the Jackson case. Baroness Hale, "If the sovereign Parliament can redefine itself downwards, to remove or modify the requirement for the consent of the Upper House, it may very well be that it can also redefine itself upwards, to require a particular parliamentary majority or a popular referendum for particular types of measure. In each case, the courts would be respecting the will of the sovereign Parliament as constituted when that will had been expressed.
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Please join StudyMode to read the full document. In the absence of a written constitution it is possible for the legislature to use its powers in an unauthorized manner. Even if this could be identified as the matter due to the presence of the conventions we believe that parliament would not do this due to principles of constitutionalism and rule of law. That is a vague but a clearly accepted constitutional rule resting on the principle of constitutionalism and the rule of law. The doctrine of parliament sovereignty establishes the supreme law making body of England which is the
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In order to assess whether the introduction of the Human Rights Act fostered a change in the constitutional order and that parliamentary sovereignty is no longer the main basis of the British constitution it is first necessary to understand the British constitution. This essay will. Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. Perhaps the most principled featured of our legal system is the concept of parliamentary sovereignty.
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