Parliamentary Sovereignty
Parliament is ultimate source of authority
May pass, amend or repeal any primary legislation
Pre 1688 Parliament was not sovereign-
The case of Proclamations (1611)
o Example of court questioning King’s power
o Courts held that king had no power to change common law or to create it
o Contrasted by James I view: Kings should have sovereign power, given by
Gods
Dr Bonham case 1610
o Chief justice Cook: common law controls acts of parliament, will declare such
an act to be void
o Hence parliament is not completely sovereign
Post 1688:
Bill of Rights gave Parliament its sovereignty – 1688
Mary, daughter of James, could only take throne with William (husband) if they
accepted terms of Bill of rights
It established new political contract between king and parliament – all agree
Article 9: no one can question what parliament says
Blackstone, Commentaries on the Laws of England (1795)- no power capable of
controlling Parliament
Dicey:
“Principle of parl. Sov means no more and no less than this: parl. Has under the
English constitution the right to make or unmake any law whatever”
act of parliament will be obeyed by court
no personal body can make rules which override act: courts cannot question validity
of Acts
Orthodox theory:
1) Parliament can make or unmake any law whatever, on any subject matter
2) No parliament is bound by its predecessors or can bind its successors
3) No body including a court of law can question the validity of an act of Parliament
1) “parliament could legislate to have all blue eyed babies put to death”
said to be immoral, but can still theoretically enforce immoral laws
Legislation with extra-territorial effect:
Continental Shelf Act 1964
Criminal Justice and Immigration Act
Canada Act 1982- effectively established constitution for Canada by Parliament
International Law- (not EU law!!)
Two laws with
Monism and Dualism
Monist state: domestic and international law part of one system; direct effect on
domestic law
Direct effect: in monist state it straight away becomes part of law
But UK is not Monist state
Parliament is ultimate source of authority
May pass, amend or repeal any primary legislation
Pre 1688 Parliament was not sovereign-
The case of Proclamations (1611)
o Example of court questioning King’s power
o Courts held that king had no power to change common law or to create it
o Contrasted by James I view: Kings should have sovereign power, given by
Gods
Dr Bonham case 1610
o Chief justice Cook: common law controls acts of parliament, will declare such
an act to be void
o Hence parliament is not completely sovereign
Post 1688:
Bill of Rights gave Parliament its sovereignty – 1688
Mary, daughter of James, could only take throne with William (husband) if they
accepted terms of Bill of rights
It established new political contract between king and parliament – all agree
Article 9: no one can question what parliament says
Blackstone, Commentaries on the Laws of England (1795)- no power capable of
controlling Parliament
Dicey:
“Principle of parl. Sov means no more and no less than this: parl. Has under the
English constitution the right to make or unmake any law whatever”
act of parliament will be obeyed by court
no personal body can make rules which override act: courts cannot question validity
of Acts
Orthodox theory:
1) Parliament can make or unmake any law whatever, on any subject matter
2) No parliament is bound by its predecessors or can bind its successors
3) No body including a court of law can question the validity of an act of Parliament
1) “parliament could legislate to have all blue eyed babies put to death”
said to be immoral, but can still theoretically enforce immoral laws
Legislation with extra-territorial effect:
Continental Shelf Act 1964
Criminal Justice and Immigration Act
Canada Act 1982- effectively established constitution for Canada by Parliament
International Law- (not EU law!!)
Two laws with
Monism and Dualism
Monist state: domestic and international law part of one system; direct effect on
domestic law
Direct effect: in monist state it straight away becomes part of law
But UK is not Monist state
