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Parliamentary Sovereignty
Parliamentary Sovereignty
nciple of public constitutional law : Meaning: the legislature is supreme and stan
above other institutions of the State (the executive and the judiciary)
Parliamentary Sovereignty
Parliamentary Sovereignty
Albert Dicey in
Introduction to the Study of the Law of the Constitution (1885):
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.
Parliamentary Sovereignty
The doctrine
(1) Parliament can make any law
(2) No Parliament can bind a future
parliament (any law can be changed
by the future parliament).
(3)No Court can question a valid Act
of Parliament
Parliamentary Sovereignty
Parliament has thus passed laws, for example, to extend its own
life (Septennial Act 1716) extending the duration of parliament
from 2 to 7 years. (now 5 years: Parliament Act 1911, s.7)
Jackson Decision
in
Jackson decision
Lord Hope was critical of parliamentary
sovereignty :
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 its freedom to legislate admits of
no qualification whatever. Step by step, gradually
but surely, the English principle of the absolute
legislative sovereignty of Parliament which Dicey
derived from Coke and Blackstone is being
qualified.
Jackson Decision
Jackson Decision
Constraints on parliamentary
powers
Membership in the EU
Devolution
Direct effect of some forms of Community law strain on the traditional doctrine
Follow-up task
Could you please read the case
stated below and reflect on
implications arising from the HRA and
their impact on the doctrine of
Parliamentary Sovereignty?
Barret v Enfield LBC 1999 3 ALL ER
193
Summarising
Conclusion
Further Reading