StudentShare solutions
Triangle menu

Parliamentary Supremacy - Essay Example

Nobody downloaded yet

Extract of sample
Parliamentary Supremacy

The UK Constitution is rightly deemed an unconventional, uncodified constitution that is a pragmatic product of experience and experiment.
Central to the UK Constitution is the doctrine of parliamentary supremacy which endows the UK Parliament an overweening supremacy above all other governmental institutions including the executive and the judiciary. As defined by Albert Dicey, it is a doctrine wherein the Parliament has "the right to make or unmake any law whatever and further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament."3 Parliament is not bound by its predecessor. In other words, it confers upon the Parliament the title "Supreme Lawmaker" by which the notion of judicial review does not apply. Thus, no court is allowed to question the validity of an Act of Parliament. Moreover, the
Parliament's legislative competence is rendered unlimited and by ordinary Act of Parliament it is empowered to alter any aspect of the existing Constitution. This doctrine had been questioned but was upheld in the Madzimbamuto case with finality, holding that if Parliament chose to enact a law that is improper or immoral, "the court will not hold the Act of Parliament invalid".4 This doctrine had also been lambasted by such judges as Lord Chief Justice Woolf on the ground that it causes the British courts to become a weakened judiciary, stripped of the power of judicial review and the power to interpret civil rights implications while the Parliament is free to enact any legislation that it desires.5
It is a reality though, that the doctrine of parliamentary supremacy was threatened and suffered an erosion when UK decided to become a member of the European Union in 1972 and had to accede to European laws and the principle of the supremacy of European union law. The case Costa v ENEL was like a Sword of Damocles hanging on the doctrine of parliamentary supremacy as it held that "laws of member states that conflict with EU laws must be disapplied by member states courts" and that "Community law would prevail over both subsequent and previous domestic law"6. Cases like Pickstone v Freemans7 and Litster8 forced the House of Lords to adopt an interpretation that would avoid a conflict between domestic law and the EC law9. The case Macarthy's v Smith emphasised that "it is our bounden duty to give priority to Community law"10 while the Factortame case stressed that it is the duty of the national court "to


give effect to it (Community law) in all circumstances.11 Because the EC laws give overweening importance to human rights, UK was compelled to enact the Human Rights Act 1998.
Prior to the Human Rights Act 1998, which Act of Parliament received Royal Assent on 9 November 1998 and which took effect on 2 ...Show more


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…
Author : dino21
Parliamentary Supremacy essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Parliamentary Supremacy"
with a personal 20% discount.
Grab the best paper

Check these samples - they also fit your topic

Doctrine of the Supremacy of Parliament in the Modern United Kingdom
Due to want of modern written constitution, the varieties of norms which one would usually observe are not available under UK’s judicial map except to the magnitude to which they have been borrowed from the membership of the European Union and from the European Convention of Human Rights.
8 pages (2000 words) Essay
By joining the European Union, the UK's doctrine of Parliamentary Sovereignty has been considerably limited and changed, Discu
This means that the monarch could and cannot overrule the parliament in its decisions. However, there are limitations to this supremacy. For example, according to Dicey, the general rule prevails that the laws that the Parliament has already passed do not bind the Parliament or its successors; they can alter them to suit different circumstance1.
4 pages (1000 words) Essay
Legislative Supremacy of Parliament and the Separation of Powers
In other words we can say that it represents the structure of the country (government in action), citizens of the country and their powers, rights, duties, procedures of solving issues. 1) Codification - It is the fundamental part or basic part of the constitution.
6 pages (1500 words) Essay
Canadian Politics. Topic below
There is a lengthy and complex history behind the constitutional system of Canada, and in fact, the colony of Canada received its first full constitution in the Constitutional Act of 1791, of which was what established much of the actual composition of the government in
10 pages (2500 words) Essay
With rreference to recent case law discuss the impact of the human rights act 1998 on the doctrine of parliamentary supremacy
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
4 pages (1000 words) Essay
Parliamentary Supremacy
nty, as explained by professor Dicey, is that there are no limits to the legislative competence of parliament is absolutely sovereign in its own time and may legislate as it wishes on any topic and for any place.”1 If the House of Commons and the House of Lords pass the
8 pages (2000 words) Essay
Our constitution is dominated by the sovereignty of Parliament. But parliamentary sovereignty is no longer, if it ever was, absolute It is no longer right to say that [Parliaments] freedom to legislate admits of no qualification whatever. Step by st
The Hunting Act 2004 was valid as it had been enacted under the amended procedure. 1 Parliamentary sovereignty is a major feature of the British Constitution.
8 pages (2000 words) Essay
Doctrine of Parliamentary Sovereignity
The doctrine of Parliamentary sovereignty is part of English law and for many years, the rule that the “Parliament can do anything except bind its successor”2 has been a well accepted principle. According to Wade (1996), the doctrine of Parliamentary sovereignty is an
10 pages (2500 words) Essay
English Public Law
Also the Human Rights Act 1998 saw incorporation of certain human rights originally set out in the European Convention on Human Rights into UK law but the impact on supremacy of the provisions in the Human Rights Act has not been as great. Here you must
3 pages (750 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
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 opt out of the union. These
2 pages (500 words) Essay
Hire a pro to write
a paper under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
Comments (0)
Click to create a comment
Contact Us