Parliamentary Supremacy essay (2571 words)
Introduction
Introduction angle The concept of parliamentary supremacy/ sovereignty is the
dominant characteristics of the British constitution. Parliamentary sovereignty is the
idea that the UK Parliament has complete legal authority to enact new laws and
amend existing ones without intervention from other bodies of government or outside
parties. The only legitimate authority to exert any kind of power inside a territory is
called sovereignty. This concept has been an essential part of the UK's constitutional
framework for centuries and has had a considerable impact on the country's political
environment. The history, present state, and political relevance of parliamentary
supremacy in the UK will all be examined in this essay. (106 words)
Introduction EU angle The idea of parliamentary sovereignty, according to which
Parliament has the ultimate power to enact and enforce laws in the UK free from the
constraints of other nations' laws, has been significantly impacted because the UK
chose to leave the European Union. The UK's legal and constitutional structure still
fundamentally rests on the idea of parliamentary sovereignty, but the Brexit process
has brought to light a number of difficult legal and constitutional questions that call
into question its long-standing interpretation and application. (82 words)
Introduction HRA angle Parliament has the most power to make laws in the UK.
This is called "parliamentary supremacy," and it is a key part of the UK's unwritten
constitution. In the last few years, the Human Rights Act 1998, which made the
European Convention on Human Rights (ECHR) part of UK law, has put the idea of
parliamentary supremacy to the test. The goal of the essay is to examine at how the
Human Rights Act and parliamentary supremacy function together in the UK and how
this has affected the protection of human rights. (92 words)
History of Parliamentary Sovereignty
King John signed the Magna Carta in 1215, which created the notion that the King
was subject to the law, is the first known reference to the idea of parliamentary
supremacy. Parliamentary supremacy is long regarded as one of the essential
principles of the British constitution, Political developments in the 17th century led to
the establishment of the idea of parliamentary supremacy. The so-called "Glorious
Revolution" and the ensuing constitutional agreement between the parliament and the
monarchy. The Bill of Rights (1689) established the groundwork for restricting the
use of royal prerogative authority and ensuring parliament's sovereignty over the
throne. The English Civil War in the 17th century led to Oliver Cromwell's creation of
the Commonwealth and the downfall of King Charles I. The Parliament, which had
the authority to enact and execute laws, came to dominate politics in the nation
throughout this time. Yet once the monarchy was restored in 1660, there was a time of
unrest as Parliament once more questioned the authority of the king and the nobility.
An important turning point in the development of parliamentary dominance was the
Glorious Revolution of 1688. James II was deposed at this event, and William and
Mary established a constitutional monarchy. The Glorious Revolution established the
parliamentary sovereignty principle, according to which the country's highest
, legislative body was the parliament. According to the 1689 Bill of Rights, the king
was not permitted to modify or repeal any legislation passed by Parliament. (242
words)
Theories of Parliamentary Sovereignty
The parliament is also considered as the sovereign law-making body. Furthermore,
Parliamentary sovereignty was upheld in the Madzimbamuto v. Larnder Burke
decision, which determined that nothing is beyond Parliament's jurisdiction and that it
is authorized to enact any law, regardless of how absurd or immoral it may be. This
concept is derived from an Oxford Law Professor, AV Dicey, in the book "An
Introduction to the study of the Law of Constitution" he provided a legal theory in the
nineteenth century. AV Dicey gave the traditional theory having three limbs:
First of all, He said, "Parliament may establish laws on anything." About Dicey's first
limb, Sir Ivor Jennings comments that smoking in in the streets of Paris is illegal if
UK lawmakers pass legislation making it so. It appears proven from the case of R v
Darryn Walker that, regardless of the jurisdiction, proceedings were brought against
the Defendant under parliamentary supremacy after the Defendant was charged under
the Obscene Publications Act 1959 for publishing an obscene story in an American
website. This ensures that the Parliament is so supreme that it can charge British
citizens living outside the UK. In theory Parliament can legislate on any matters that
they desire. For example, the War Crimes Acts 1991, in this rule people were charged
with retrospective effect. That means the people were charged for the acts before the
law was passes. There are series of cases which illustrates the limitations of the
Westminster Parliament. Like in the case of British Coal Corporation v R, the UK
parliament was not permitted to legislate for Scotland, Australia and New Zealand
without their consent, as per the section.4 of Colonial Laws Validity Act 1865. Thus,
limiting the legislative power for Westminster Parliament. The Burmah Oil case
further strengthens the legislative authority of the British Parliament. By using its
legal authority to seize and destroy property during wars, the UK government used
this justification to destroy the company's oil resources and avoid having to make
restitution. They were held to be responsible for damages under common law even
though it was determined that the use of prerogative powers was legitimate.
Parliament created laws that was applicable both retrospectively and prospectively in
order to reduce any potential responsibility.
The second limb stated by AV Dicey was ‘Parliament cannot bind its successors’.
This theory seeks to illustrate that any legislation may be amended or repealed by
Parliament whenever they want and they will not be bound by any previous
parliament. Several authors contend that entrenchment doesn't exist. Statutory
measures like entrenchments clauses and prospective formulas aim to protect a
parliamentary act against alteration or repeal. In the case, McCormick v Lord
Advocate stated by Lord President, Lord Cooper, an entrenchment clause requires the
use of a certain procedure., ‘manner and formed provision’, for the purpose of
amending or repealing a certain Law, such as a referendum or a two-thirds majority in
favor. Section 1 of the Northern Ireland Act of 1998 has a clause of this nature. In
accordance with its terms, Northern Ireland must remain a part of the UK until a
referendum is held to discover the public's preference., with a majority of Northern
Irish citizens favoring leaving the UK.
Introduction
Introduction angle The concept of parliamentary supremacy/ sovereignty is the
dominant characteristics of the British constitution. Parliamentary sovereignty is the
idea that the UK Parliament has complete legal authority to enact new laws and
amend existing ones without intervention from other bodies of government or outside
parties. The only legitimate authority to exert any kind of power inside a territory is
called sovereignty. This concept has been an essential part of the UK's constitutional
framework for centuries and has had a considerable impact on the country's political
environment. The history, present state, and political relevance of parliamentary
supremacy in the UK will all be examined in this essay. (106 words)
Introduction EU angle The idea of parliamentary sovereignty, according to which
Parliament has the ultimate power to enact and enforce laws in the UK free from the
constraints of other nations' laws, has been significantly impacted because the UK
chose to leave the European Union. The UK's legal and constitutional structure still
fundamentally rests on the idea of parliamentary sovereignty, but the Brexit process
has brought to light a number of difficult legal and constitutional questions that call
into question its long-standing interpretation and application. (82 words)
Introduction HRA angle Parliament has the most power to make laws in the UK.
This is called "parliamentary supremacy," and it is a key part of the UK's unwritten
constitution. In the last few years, the Human Rights Act 1998, which made the
European Convention on Human Rights (ECHR) part of UK law, has put the idea of
parliamentary supremacy to the test. The goal of the essay is to examine at how the
Human Rights Act and parliamentary supremacy function together in the UK and how
this has affected the protection of human rights. (92 words)
History of Parliamentary Sovereignty
King John signed the Magna Carta in 1215, which created the notion that the King
was subject to the law, is the first known reference to the idea of parliamentary
supremacy. Parliamentary supremacy is long regarded as one of the essential
principles of the British constitution, Political developments in the 17th century led to
the establishment of the idea of parliamentary supremacy. The so-called "Glorious
Revolution" and the ensuing constitutional agreement between the parliament and the
monarchy. The Bill of Rights (1689) established the groundwork for restricting the
use of royal prerogative authority and ensuring parliament's sovereignty over the
throne. The English Civil War in the 17th century led to Oliver Cromwell's creation of
the Commonwealth and the downfall of King Charles I. The Parliament, which had
the authority to enact and execute laws, came to dominate politics in the nation
throughout this time. Yet once the monarchy was restored in 1660, there was a time of
unrest as Parliament once more questioned the authority of the king and the nobility.
An important turning point in the development of parliamentary dominance was the
Glorious Revolution of 1688. James II was deposed at this event, and William and
Mary established a constitutional monarchy. The Glorious Revolution established the
parliamentary sovereignty principle, according to which the country's highest
, legislative body was the parliament. According to the 1689 Bill of Rights, the king
was not permitted to modify or repeal any legislation passed by Parliament. (242
words)
Theories of Parliamentary Sovereignty
The parliament is also considered as the sovereign law-making body. Furthermore,
Parliamentary sovereignty was upheld in the Madzimbamuto v. Larnder Burke
decision, which determined that nothing is beyond Parliament's jurisdiction and that it
is authorized to enact any law, regardless of how absurd or immoral it may be. This
concept is derived from an Oxford Law Professor, AV Dicey, in the book "An
Introduction to the study of the Law of Constitution" he provided a legal theory in the
nineteenth century. AV Dicey gave the traditional theory having three limbs:
First of all, He said, "Parliament may establish laws on anything." About Dicey's first
limb, Sir Ivor Jennings comments that smoking in in the streets of Paris is illegal if
UK lawmakers pass legislation making it so. It appears proven from the case of R v
Darryn Walker that, regardless of the jurisdiction, proceedings were brought against
the Defendant under parliamentary supremacy after the Defendant was charged under
the Obscene Publications Act 1959 for publishing an obscene story in an American
website. This ensures that the Parliament is so supreme that it can charge British
citizens living outside the UK. In theory Parliament can legislate on any matters that
they desire. For example, the War Crimes Acts 1991, in this rule people were charged
with retrospective effect. That means the people were charged for the acts before the
law was passes. There are series of cases which illustrates the limitations of the
Westminster Parliament. Like in the case of British Coal Corporation v R, the UK
parliament was not permitted to legislate for Scotland, Australia and New Zealand
without their consent, as per the section.4 of Colonial Laws Validity Act 1865. Thus,
limiting the legislative power for Westminster Parliament. The Burmah Oil case
further strengthens the legislative authority of the British Parliament. By using its
legal authority to seize and destroy property during wars, the UK government used
this justification to destroy the company's oil resources and avoid having to make
restitution. They were held to be responsible for damages under common law even
though it was determined that the use of prerogative powers was legitimate.
Parliament created laws that was applicable both retrospectively and prospectively in
order to reduce any potential responsibility.
The second limb stated by AV Dicey was ‘Parliament cannot bind its successors’.
This theory seeks to illustrate that any legislation may be amended or repealed by
Parliament whenever they want and they will not be bound by any previous
parliament. Several authors contend that entrenchment doesn't exist. Statutory
measures like entrenchments clauses and prospective formulas aim to protect a
parliamentary act against alteration or repeal. In the case, McCormick v Lord
Advocate stated by Lord President, Lord Cooper, an entrenchment clause requires the
use of a certain procedure., ‘manner and formed provision’, for the purpose of
amending or repealing a certain Law, such as a referendum or a two-thirds majority in
favor. Section 1 of the Northern Ireland Act of 1998 has a clause of this nature. In
accordance with its terms, Northern Ireland must remain a part of the UK until a
referendum is held to discover the public's preference., with a majority of Northern
Irish citizens favoring leaving the UK.
