Introduction to Parliamentary Soverei
“The British Constitution could thus be summed up in just eight words: “What
is law”
(V. Bogdanor, The
New British Constitution (Hart Publishing, 2009), p.13)
What is Parliamentary Sovereignty?
Parliament can legally pass any law - Courts do not have constitutional power to invalidate.
Sovereignty or supremacy?
Political - Rests with the people and parliament is accountable at every general election.
Legal - Legislative powers of Parliament and concerns relationship between Parliament and the
Evolution of Parliamentary Sovereignty
Traditional doctrine developed as power of Monarch diminished.
Sir Edward Coke, Chief
Justice of the King’s Bench:
1607 - Case of Prohibitions
1610 - Case of Proclamations
1610 - Dr Bonham’s Case
1642 - 1651 - English Civil War
Glorious Revolution 1688
Bill of Rights 1689
A.V. Dicey (1835 - 1922)
“The British Constitution could thus be summed up in just eight words: “What
is law”
(V. Bogdanor, The
New British Constitution (Hart Publishing, 2009), p.13)
What is Parliamentary Sovereignty?
Parliament can legally pass any law - Courts do not have constitutional power to invalidate.
Sovereignty or supremacy?
Political - Rests with the people and parliament is accountable at every general election.
Legal - Legislative powers of Parliament and concerns relationship between Parliament and the
Evolution of Parliamentary Sovereignty
Traditional doctrine developed as power of Monarch diminished.
Sir Edward Coke, Chief
Justice of the King’s Bench:
1607 - Case of Prohibitions
1610 - Case of Proclamations
1610 - Dr Bonham’s Case
1642 - 1651 - English Civil War
Glorious Revolution 1688
Bill of Rights 1689
A.V. Dicey (1835 - 1922)
